Radiocommunications Act 1989

Mortgages

82: Restriction on action to recover deficiency

You could also call this:

"Protection from paying leftover debt after property sale"

Illustration for Radiocommunications Act 1989

You have a mortgage on management rights or a spectrum licence. If the person who lent you the money sells the property and doesn't get enough money to pay off the debt, they can't take you to court for the remaining amount. This rule applies unless they told you at least one month before selling the property that they might take you to court if they didn't get enough money.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197139.

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Part 9Mortgages

82Restriction on action to recover deficiency

  1. If at any time the mortgagee under any mortgage of any management rights or any spectrum licence exercises the power of sale conferred by the mortgage, and the amount realised is less than the amount owing under the covenant to repay expressed or implied in the mortgage, no action to recover the amount of the deficiency or any part of the deficiency shall be commenced by the mortgagee against any person (not being the mortgagor of the management rights or spectrum licence at the time of the exercise of the power of sale) unless the mortgagee, at least 1 month before the exercise of the power of sale, serves on that person notice of the mortgagee's intention to exercise the power of sale and to commence action against that person to recover the amount of the deficiency in the event of the amount realised being less than the amount owing under the covenant to repay.

Notes
  • Section 82: amended, on , by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).