- Australia's #1 Legal Community is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

SA Unregistered Mortgage - Unable too Sell Property?

Discussion in 'Property Law Forum' started by adelcomp, 16 March 2016.

Find a Lawyer Form
Find a Lawyer Form
Find a Lawyer Form
  1. adelcomp

    adelcomp Member

    12 March 2016
    Likes Received:
    Does a caveator, holding a Memorandum of Mortgage (not registered against a property, there is only one registered mortgagee - the bank), have the power to obtain an Order of Possession, then evict a tenant who holds a current 12-month lease?

    I am aware the pursuant to the Property Law that person(s) needs to be a registered mortgagee to cause a sale of property, the relevant wording being mortgagee. However, if the MofM is an unregistered mortgage, am I correct in saying any power within that document is weakened by the fact it is unregistered?

Share This Page