Upon such application
the Commissioner may direct the Registrar to cause notice to be published once
in each of the 3 successive weeks in at least one newspaper published in the
city of Perth offering such land for private sale and shall appoint a time not
less than one month from the date of the first of such advertisements upon or
after which the Registrar shall issue to such applicant an order for
foreclosure, unless in the interval a sufficient amount has been obtained by
the sale of such land to satisfy the principal and interest moneys secured and
all expenses occasioned by such sale and proceedings; and every such order for
foreclosure under the hand of the Registrar when entered in the Register shall
have the effect of vesting in the mortgagee or his transferee the land
mentioned in such order free from all right and equity of redemption on the
part of the mortgagor or of any person claiming through or under him
subsequently to the mortgage; and such mortgagee or his transferee shall upon
such entry being made be deemed a transferee of the mortgaged land and become
the proprietor thereof and the Registrar may either register the mortgagee or
the transferee as the proprietor of the land on the existing certificate of
title or create and register a new certificate of title in the name of the
mortgagee or the transferee as the proprietor of the land.
[Section 122 amended: No. 81 of 1996 s. 69 and
145(1).]