Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 352

352 Mortgagor protection

(1) Section 85 , as amended by the amending Act, applies to mortgages whether made before or after the commencement of this section.

(2) However, section 85 (1A) does not apply to a mortgagee or receiver if, immediately before the commencement, the mortgagee—

(a) was entitled to immediately exercise the power of sale conferred by this Act or otherwise; and

(b) was not prevented from doing so by section 84 (1) .

(3) In this section—

"amending Act" means the Property Law (Mortgagor Protection) Amendment Act 2008 .