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Section 43: Transfers of wife’s mortgage

Transcription And Mortgage 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.

43. Transfers of wife’s mortgage (1) No transfer or renunciation by a wife of her legal mortgage shall be valid unless it is embodied in authentic deed. (2) A person, in whose favour a transfer is made under subsection (1), shall only be vested with the mortgage as regards third parties from— (a) the date of the inscription of the deed witnessing the transfer or renunciation; or (b) in the case of a subrogation, the date on which an entry in respect of the subrogation is made in the margin of the register where the legal mortgage is inscribed. (3) No renunciation of a legal mortgage shall be inscribed except where the renunciation constitutes a subrogation. (4) Where a legal mortgage is on different days transferred to more than one person, the rights of those persons to the mortgage shall be determined by the dates of those inscriptions or entries. 44. – 45. —

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