Land And Conveyancing Law Reform Act 2009

Chapter 2

Powers and rights of mortgagor

91.

Documents of title.

91.— (1) Subject to subsection (2), a mortgagor, as long as the right to redeem exists, may from time to time, at reasonable times, inspect and make copies or abstracts of or extracts from the documents of title relating to the mortgaged property in the possession or power of the mortgagee.

[CA 1881, s. 16]

(2) Rights under subsection (1) are exercisable—

( a) on the request of the mortgagor, and

( b) on payment by the mortgagor of the mortgagee’s reasonable costs and expenses in relation to the exercise.

(3) Subsection (1) has effect notwithstanding any stipulation to the contrary.