Section 101 — Conveyancing Act 1919 (NSW)

(1) Where mortgage money or an amount secured by a charge is secured partly by a mortgage or charge registered under the Real Property Act 1900 and partly by other securities—
(a) an order for foreclosure or sale, in respect of land the subject of the mortgage or charge, or
(b) an order for redemption, in respect of land the subject of the mortgage,
may, notwithstanding anything contained in that Act, be made by the Court as if the land was not under the provisions of that Act.
(2) In cases where an order absolute for foreclosure is made by the Court under this section, the Registrar-General shall, on lodgment of an application in the form approved under that Act, register as proprietor the person in whose favour the order is made.
(3) This section applies only to charges imposed under section 88F.

Related sections

• s 99 — Effect of advance on joint account etc
• s 99A — Foreclosure order for certain charged land
• s 100 — Foreclosure extinguishes right of action for debt, and equity of redemption
• s 102 — On judgment for mortgage debt the interest of the mortgagor not seizable
• s 103 — Sale of mortgaged or charged property in proceedings for foreclosure etc
• s 104 — Mortgaged property may be sold or leased together at one price or rent

Research how courts apply s 101

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.