【法规名称】
【法规编号】 79681 什么是编号？
【正 文】
第13页 CAP 219 CONVEYANCING AND PROPERTY ORDINANCE
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[接上页] (8) The provisions of this section are subject to contrary intention expressed in the mortgage deed and may be varied or extended by the mortgage deed, and, as so varied or extended, shall have effect as if contained in this Ordinance. (9) This section shall not apply to any mortgage executed before the commencement of this section. Cap 219 s 51 Powers of mortgagee and receiver (1) Unless the contrary intention is expressed, there shall be implied in any legal charge or equitable mortgage by deed, the powers, exercisable by the mortgagee, a receiver (acting personally or through their agents) and any person entitled to give a receipt for the mortgage money on its repayment, mentioned in the Fourth Schedule. (2) Any power exercisable under a mortgage shall be subject to any prior estates, interests and rights to which the mortgaged land is subject. (3) No power of sale shall empower a mortgagee or a receiver under an equitable mortgage, by virtue of that mortgage only, to assign the legal estate in the mortgaged land. (4) The powers implied by subsection (1), and the provisions of the Fourth Schedule relating to the exercise of those powers may be varied or extended by the mortgage deed and, as so varied or extended, shall have effect as if contained in this Ordinance. (5) This section shall not apply to any mortgage executed before the commencement of this section. Cap 219 s 52 Protection of purchaser Where a sale is made under a mortgage, the title of the purchaser shall not be affected by the fact that no case had arisen to authorize the sale or that due notice was not given or that the power was otherwise improperly or irregularly exercised; but any person who suffers loss through an unauthorized, improper or irregular exercise of the power of sale shall have a remedy in damages against the person exercising the power. Cap 219 s 53 Sale by mortgagee (1) Where a mortgagee or receiver sells under an express or statutory power of sale, the assignment shall operate- (Amended 31 of 1988 s. 18) (a) to assign to the purchaser the mortgagor's estate in that land, subject to any other mortgage having priority to the mortgage under which the sale is made; and (b) to discharge that land from the mortgage under which the sale is made and any subsequent mortgage.(2) Where a mortgagee obtains an order of foreclosure absolute, that order shall (unless it otherwise provides) operate- (a) to assign to the mortgagee the mortgagor's estate in the mortgaged land, subject to any other mortgage having priority to the mortgage under which the foreclosure order was obtained; and (b) to discharge that land from the mortgage under which the foreclosure order was obtained and any subsequent mortgage. [cf. 1925 c. 20 s. 89 U.K.] Cap 219 s 54 Application of money received Any money received by a mortgagee or a receiver from the sale or other dealing with the mortgaged land or any security comprised in the mortgage shall be applied according to the following priority- (a) in discharge of all rent, taxes, rates and other outgoings due and affecting the mortgaged land; (b) unless the mortgaged land is sold subject to a prior incumbrance, in discharge of that prior incumbrance; (c) in payment of the receiver's lawful remuneration, costs, charges and expenses and all lawful costs and expenses properly incurred in the sale or other dealing; (d) in payment of mortgage money, interest and costs due under the mortgage,and any residue shall be paid to the person who, immediately before any sale or other dealing, was entitled to the mortgaged land or authorized to give a receipt for the proceeds of the sale of that land. [cf. 1925 c. 20 ss. 105 & 107(2) U.K.] Cap 219 s 55 Mortgagee's receipt (1) A receipt in writing of a mortgagee or a receiver shall be a sufficient discharge for any money arising under a power of sale or for any money or security comprised in the mo |
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