Western Australian Current Acts Western Australian Current Acts (1) In addition to and
concurrently with the rights and powers conferred on a mortgagee and on a
transferee of a mortgage by this Act every present and future mortgagee for
the time being of land under this Act and every transferee of a mortgage for
the time being upon any such land shall until a discharge from the whole of
the money secured or until a transfer upon a sale or an order for foreclosure
(as the case may be) shall have been registered have the same rights and
remedies at law and in equity (including proceedings before the Magistrates
Court) as he would have had or been entitled to if the legal estate in the
land or term mortgaged had been actually vested in him with a right in the
mortgagor of quiet enjoyment of the mortgaged land until default in payment of
the principal and interest money secured or some part thereof respectively or
until a breach in the performance or observance of some covenant expressed in
the mortgage or to be implied therein by the provisions of this Act.
(2) Nothing contained
in this section shall affect or prejudice the rights or liabilities of any
such mortgagee or transferee after an order for foreclosure shall have been
entered in the Register; or shall until the entry of such an order render a
mortgagee of land leased under this Act or the transferee of his mortgage
liable to or for the payment of the rent reserved by the lease or for the
performance or observance of the covenants expressed or to be implied therein.
[Section 116 amended: No. 81 of 1996 s. 145(1);
No. 59 of 2004 s. 140; No. 19 of 2010 s. 51.]