Land Transfer Act 2017

Dealings in estates and interests in land - Mortgages

105: Court may order mortgage to be discharged if mortgagee's remedies barred by Limitation Act 2010

You could also call this:

"Court can remove mortgage if lender's time to act has run out"

Illustration for Land Transfer Act 2017

You can ask the court to remove a mortgage from your land if the person who lent you the money cannot take action because of the Limitation Act 2010. The court can make this decision if the lender's ability to get their money back is barred by the Limitation Act 2010 or another law. The lender must also be unable to take any other action related to the land because of the Limitation Act 2010 or another law. You need to apply to the court as the owner of the land. The court's decision must be registered by the Registrar to be official. This registration is done when a sealed copy of the court's decision is received. The court can also decide how to tell people about your application. This can include putting a public notice about your application or sending a notice to specific people the court chooses. The mortgage is officially removed when the court's decision is registered. The Limitation Act 2010 is a law that sets time limits for taking certain actions, and you can find it on the New Zealand legislation website https://legislation.govt.nz/act/public/2010/0101/latest/DLM2033100.html

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731248.

This page was last updated on View changes


Previous

104: Discharge of mortgage, or

"What happens when a mortgage is paid off and removed from a property"


Next

106: Discharge of mortgage securing annuity or rentcharge, or

"How to end a mortgage that secures an annuity or rentcharge"

Part 3Dealings in estates and interests in land
Mortgages

105Court may order mortgage to be discharged if mortgagee's remedies barred by Limitation Act 2010

  1. The court may, on application by the registered owner of an estate or interest in land that is subject to a registered mortgage, order that the mortgage is discharged if the court is satisfied that—

  2. a proceeding by the mortgagee for payment of money secured by the mortgage is barred by the Limitation Act 2010 or any other enactment; and
    1. except for an application under subpart 1 of Part 4, any other proceeding by the mortgagee for a remedy in respect of the mortgaged land would also be barred by the Limitation Act 2010 or any other enactment.
      1. The Registrar must register the order discharging the mortgage on lodgement of a sealed copy of the order.

      2. The mortgage is discharged on registration of the order.

      3. The court may direct that—

      4. public notice of an application be given under this section:
        1. notice of the application be served on any person the court specifies.
          Compare