Western Australian Current Acts

PROPERTY LAW ACT 1969 - SECT 62

62 .         Provisions as to exercise of power of sale

        (1)         The power of sale conferred by this Part 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 Part does not affect the right of foreclosure.

        (3)         The mortgagee is not answerable for any involuntary loss happening in or about the exercise or execution of the power of sale conferred by this Part, 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 Part 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, that a purchaser under the power of sale would be entitled to demand and recover from him.