Victorian Current Acts

SUPREME COURT ACT 1986 - SECT 84

    (1)     If—

        (a)     a proceeding is brought by a mortgagee or the heir, executor, administrator or assignee of a mortgagee for the recovery of any mortgaged land; and

        (b)     a proceeding is not then depending for or touching the foreclosing or redeeming of that land—

then if the person who has the right to redeem that mortgaged land and who appears and becomes defendant in the proceeding at any time pending the proceeding pays to the mortgagee or, if the mortgagee refuses, brings into the Court, all the principal money and interest due on the mortgage and all costs expended in the proceeding on the mortgage, the amount so paid to the mortgagee or brought into the Court is to be taken to be in full satisfaction and discharge of the mortgage.

    (2)     The amount to be paid to the mortgagee or brought into the Court is to be determined by the Court.

    (3)     On the amount being paid to the mortgagee or brought into the Court, the Court must—

        (a)     discharge the mortgagor of and from the mortgage; and

S. 84(3)(b) amended by No. 51/2000 s. 11(b)(i)(ii).

        (b)     by order compel the mortgagee, at the expense of the mortgagor, to assign or reconvey the mortgaged land or the mortgagee's estate and interest in it and deliver up all documents in the mortgagee's custody relating to the title to it to the mortgagor who paid the amount or brought it into the Court or to the heir, executor, administrator or assignee of that mortgagor or to another person nominated by that mortgagor or the heir, executor, administrator or assignee of that mortgagor.

    (4)     Nothing in this section—

S. 84(4)(a) amended by No. 35/1996 s. 453(Sch. 1 item 80.10).

        (a)     applies if the person against whom the redemption is sought insists, by writing signed by that person or by that person's legal practitioner or agent and delivered to the legal practitioner or agent for the other side before the amount is brought into the Court—

              (i)     that the party seeking the redemption does not have the right to redeem; or

              (ii)     that the land is chargeable with other or different principal sums than what appear on the face of the mortgage or are admitted by the other side; or

        (b)     applies if the right of redemption is controverted or questioned by or between different defendants in the same proceeding; or

        (c)     prejudices any subsequent mortgage or encumbrance.

Division 5—Relief from forfeiture

No. 6387 s. 123.