Section 94 — Conveyancing Act 1919 (NSW)

(1) Where a mortgagor is entitled to redeem the mortgagor shall by virtue of this Act have power to require the mortgagee instead of discharging, and on the terms on which the mortgagee would be bound to discharge, to transfer the mortgage to any third person as the mortgagor directs; and the mortgagee shall by virtue of this Act be bound to transfer accordingly.
(2) This section does not apply in the case of a mortgagee being or having been in possession.
(3) This section applies to mortgages made either before or after the commencement of this Act, and shall have effect notwithstanding any stipulation to the contrary.
(4) This section applies to mortgages under the Real Property Act 1900.

Related sections

• s 91 — Indorsements on mortgages
• s 92 — Mortgagee accepting interest on overdue mortgage not to call up without notice
• s 93 — Right to redeem before time fixed for redemption
• s 95 — Person entitled to require transfer
• s 96 — Power for mortgagor to inspect title deeds
• s 96A — Notice of trusts affecting mortgage debts

Research how courts apply s 94

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