51—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 shall 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 therewith, or of any power or provision contained in the
mortgage deed.
(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 or right in
priority to the mortgage, all the deeds and documents relating to the
property, or to the title thereto, which a purchaser under the power of sale
would be entitled to demand and recover from him.