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The Conveyancing and Law of Property Act - Ministry of Legal Affairs

The Conveyancing and Law of Property Act - Ministry of Legal Affairs

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MINISTRY OF LEGAL AFFAIRS<br />

LAWS OF TRINIDAD AND TOBAGO<br />

www.legalaffairs.gov.tt<br />

50 Chap. 56:01 <strong>Conveyancing</strong> <strong>and</strong> <strong>Law</strong> <strong>of</strong> <strong>Property</strong><br />

Form <strong>of</strong><br />

statutory<br />

mortgage.<br />

Second<br />

Schedule.<br />

Part I.<br />

Implied<br />

covenant.<br />

Implied proviso<br />

for redemption.<br />

application <strong>of</strong> any defendant, direct the plaintiff to give such<br />

security for costs as the Court thinks fit, <strong>and</strong> may give the conduct<br />

<strong>of</strong> the sale to any defendant, <strong>and</strong> may give such directions as it<br />

thinks fit respecting the costs <strong>of</strong> the defendants or any <strong>of</strong> them.<br />

(4) In any case within this section the Court may, if it<br />

thinks fit, direct a sale without previously determining the priorities<br />

<strong>of</strong> encumbrancers.<br />

(5) For the purposes <strong>of</strong> this section the Court may, in<br />

favour <strong>of</strong> a purchaser, make a vesting order conveying the<br />

mortgaged property, or appoint a person to do so, subject or not to<br />

any encumbrance, as the Court may think fit.<br />

PART IV<br />

STATUTORY MORTGAGES<br />

50. (1) A mortgage <strong>of</strong> freehold or leasehold l<strong>and</strong> may be made<br />

by a Deed expressed to be made by way <strong>of</strong> statutory mortgage,<br />

being in the form given in Part I <strong>of</strong> the Second Schedule hereto,<br />

with such variations <strong>and</strong> additions, if any, as circumstances may<br />

require; <strong>and</strong> the provisions <strong>of</strong> this section shall apply thereto.<br />

(2) <strong>The</strong>re shall be deemed to be included, <strong>and</strong> there shall<br />

by virtue <strong>of</strong> this <strong>Act</strong> be implied, in the Mortgage Deed—<br />

(A.) A covenant with the mortgagee by the person<br />

expressed therein to convey as mortgagor to the effect<br />

following, namely:<br />

That the mortgagor will, on the stated day, pay to<br />

the mortgagee the stated mortgage money, with<br />

interest thereon in the meantime, at the stated rate,<br />

<strong>and</strong> will thereafter, if <strong>and</strong> as long as the mortgage<br />

money or any part there<strong>of</strong> remains unpaid, pay to<br />

the mortgagee interest thereon, or on the unpaid part<br />

there<strong>of</strong>, at the stated rate, by equal quarterly<br />

payments, the first there<strong>of</strong> to be made at the end <strong>of</strong><br />

three calendar months from the day stated for<br />

payment <strong>of</strong> the mortgage money:<br />

(B.) A proviso to the effect following, namely:<br />

That if the mortgagor, on the stated day, pays to<br />

the mortgagee the stated mortgage money, with<br />

UNOFFICIAL VERSION<br />

UPDATED TO DECEMBER 31ST 2011

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