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Questions and Answers
What must be determined before the power of sale can be exercised?
Under what circumstances does a power of sale arise according to LPA 1925?
What does Section 101 of LPA 1925 specify about a power of sale?
When can a power of sale be exercised under LPA 1925?
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What happens if there is a provision in the mortgage deed precluding the power of sale?
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What must a mortgagee do when seeking possession of mortgaged land with a dwelling house under the Family Law Act 1996?
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What does the Power of Sale allow a mortgagee to do?
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Under what circumstances does an implied Power of Sale arise?
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Who is entitled to be made a party to the proceedings when a mortgagee seeks possession of mortgaged land?
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How does the mortgage agreement affect the operation of the power of sale?
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What is the term used for an individual granting a mortgage for the advancement?
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According to Section 23(1) LRA 2002, how is the creation of a mortgage typically done?
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Under what circumstance can a mortgagee seek possession of a property according to Section 52(1) LPA 1925?
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In the case of Four Mauds Ltd v Dudley Marshall, when can a mortgagee go into immediate possession of a property?
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What must a mortgagee demonstrate when seeking possession according to Quennell v Maltby 1979?
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In what form must a conveyance be according to Section 87(1) LPA 1925 if a mortgagee wants to manage the land to generate income?
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What is the equitable duty of a mortgagee when taking possession of land?
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Under what circumstances is a mortgagee entitled to take peaceful entry without seeking possession?
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In what situations can a court suspend, postpone, or adjourn a mortgagee's application for possession?
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When does Section 36 of the AJA 1970 apply?
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What happens if a mortgagor remains on the land after a foreclosure sale?
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What action must a mortgagor definitively show in order for a court to adjourn a mortgagee's application for possession?
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What condition must be met for the power of sale to arise?
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In the Cuckmere Brick Co.V case, what was highlighted as the duty of the mortgagee in a sale?
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What happens if the best price obtained at an auction is lower than the amount owed?
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What duty does a mortgagee have in terms of obtaining a fair price for the land?
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When can a mortgagee sell a property?
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What is NOT an obligation of a mortgagee in a sale?
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