Part III E+W Mortgages, Rentcharges, and Powers of Attorney

Modifications etc. (not altering text)

C1 Certain provisions of Part III applied by Agriculture (Miscellaneous Provisions) Act 1941 (c. 50), s. 8(4), Weeds Act 1959 (c. 54), s. 3(3) and Leasehold Reform Act 1967 (c. 88), s. 19(8)

Mortgages E+W

110 Effect of bankruptcy of the mortgagor on the power to sell or appoint a receiver. E+W

(1) Where the statutory or express power for a mortgagee either to sell or to appoint a receiver is made exercisable by reason of the mortgagor F1 . . . being adjudged a bankrupt, such power shall not be exercised only on account of the F1 . . . adjudication, without the leave of the court.

(2) This section applies only where the mortgage deed is executed after the commencement of this Act. F1 . . .

Textual Amendments

F1 Words repealed by Insolvency Act 1985 (c. 65, SIF 66), s. 235(3), Sch. 10 Pt. III (with saving in Insolvency Act 1986 (c. 45, SIF 66), s. 437, Sch. 11 para. 10)