Queensland Consolidated Acts
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PROPERTY LAW ACT 1974 - SECT 89
Provisions as to exercise of power of sale
89 Provisions as to exercise of power of sale
(1) The power of sale conferred by this Act may be exercised by any person for
the time being entitled to receive and give a discharge for the mortgage
money.
(2) The power of sale conferred by this Act does not affect the right
of foreclosure.
(3) The mortgagee shall not be answerable for any involuntary
loss happening in or about the exercise or execution of the power of sale
conferred by this Act, or of any trust connected with it, or of any power or
provision contained in the instrument of mortgage.
(4) At any time after the
power of sale conferred by this Act has become exercisable, the person
entitled to exercise the power may demand and recover from any person, other
than a person having in the mortgaged property an estate, interest, lien, or
right in priority to the mortgage, all the deeds and documents relating to the
property, or to the title to the property, which a purchaser under the power
of sale would be entitled to demand and recover from the person.
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