Non Consent to Property Sale

Posted in Good Advice, Our Blog

Occasionally a lending institution/vulture fund might not permit the release of title documents to facilitate a sale unless the borrower pays a lump sum on account or satisfy some other conditions laid down.

But Section 94 of the Land and Conveyancing Reform Act 2009 states:

1. This section applies to any action brought by a mortgagor for—

(a) redemption, or

(b) sale, or

(c) the raising and payment in any manner of the mortgage debt, or

(d) any combination of these in the alternative.

2. In any action to which this section applies the court may, if it thinks fit, direct a sale of the mortgaged property on such terms as it thinks fit.

3. Without prejudice to the generality of the court’s discretion under subsection (2), it may—

(a) allow any time for redemption or payment of the mortgage debt,

(b) require lodgement in court of a sum to meet the expenses of a sale and to secure a performance of its terms,

(c) give directions as to costs and require the giving of security for costs,

(d) direct a sale without previously determining priorities of incumbrances,

(e) give the conduct of the sale to a particular party,

(f) make a vesting order conveying the mortgaged property to a purchaser or appoint a person to make such a conveyance.

4. Except in the case of a housing loan mortgage, this section takes effect subject to the terms of the mortgage.

 So if a lending institution/vulture fund does not consent to a sale you should consider taking proceedings under Section 94.

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