Enforcing a registered mortgage

There are state-based or territory-based requirements relating to enforcing a registered mortgage. This guidance note overviews the key requirements of the states and the territories, and is designed to be a good starting point for legal practitioners who need to consider matters relating to enforcing a registered mortgage. It would be prudent for legal practitioners to consult the relevant state or territory legislation to ensure specific state-based or territory-based requirements are met.

Generally, there is no need in proceedings to enforce a registered mortgage to seek orders for sale of the property, as the mortgagee has a statutory power of sale it can exercise without the need for any orders of a court. Even a second or subsequent mortgagee has the statutory power to sell land, although if a higher-ranked mortgagee is seeking to sell the land, the lower-ranked mortgagee may be compelled to hand possession of the land to the higher-ranked mortgagee for that prior mortgagee to sell.

See Enforcing a registered mortgage.