Land Transfer Act 2017

Dealings in estates and interests in land - Mortgages

99: Mortgage takes effect only as security

You could also call this:

"A mortgage is only used as security, not to transfer ownership."

Illustration for Land Transfer Act 2017

When you get a mortgage under the Land Transfer Act 2017, it only works as security. It does not transfer the estate or interest that is being charged. You can compare this to section 100 for more information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731242.

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98: Re-entry by lessor, or

"What happens when a lessor takes back leased land"


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100: Mortgage instrument required to register mortgage, or

"To register a mortgage, you need a special document signed by the land owner."

Part 3Dealings in estates and interests in land
Mortgages

99Mortgage takes effect only as security

  1. A mortgage under this Act takes effect only as security and not as a transfer of the estate or interest charged.

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