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Section 4: Duties of Conservator of Mortgages

Inscription of Privileges and Mortgages Act

consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

4. Duties of Conservator of Mortgages (1) (a) Where a privilege or mortgage is inscribed under section 3 (1) (aa) (i), the Conservator of Mortgages shall cause the documents referred to in section 3 (1) (aa) (ii) to be forwarded to the creditor through the RDDS or to be delivered to him in person. (b) The particulars referred to in section 3 (1) (aa) (ii) shall be— (i) the time and date of registration and inscription; (ii) the title number; (iii) the amount of duty paid; (iv) the signature of the Receiver; and (v) the bar code. (c) The deed or judgment or a certified copy of the judgment giving rise to the privilege or mortgage and the memorandum (bordereau) on which are recorded the particulars specified in paragraph (b) and forwarded or delivered under subsection (1) (a) shall constitute proof of registration and inscription. (1A) — (1B) The Conservator shall be responsible for the filing of every memorandum (bordereau) in the manner specified in section 3. (2) The date on which the memorandum (bordereau) is recorded in the RDDS under section 3 (1) (a) (i) or presented under section 3 (1) (a) (ii) shall be taken to be the date of inscription. [S. 4 amended by s. 14 (b) of Act 20 of 2011 w.e.f. 11 November 2011; s. 10 (c) of Act 26 of 2013 w.e.f. 19 May 2014.]

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