South Australian Current Acts

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LAW OF PROPERTY ACT 1936 - SECT 55B

55B—Collateral covenants

        (1)         Notwithstanding any covenant to the contrary, a mortgagee shall be deemed to have covenanted with the mortgagor that where the mortgagee makes demand of any amount in pursuance of the mortgage, he will at the request of the mortgagor, supply him with reasonable particulars of how the amount of the demand is arrived at.

        (2)         Where a mortgage is entered into after the commencement of the Law of Property Act Amendment Act 1972 and a covenant collateral to the mortgage is made between the mortgagor and mortgagee, the collateral covenant shall have no further force or effect upon extinguishment of the mortgage debt.

        (3)         Any covenant by which a mortgagee might enforce a personal right to the repayment of a debt secured by a mortgage after and without re-opening the foreclosure of the mortgage is invalid.



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