(5) Upon the Registrar making the recordings S. 84(5) required by subsection (4)— inserted by No. 128/1986 s. 6, (a) in the case of a mortgage, the legal or other amended by interests of the mortgagee is deemed to have No. 18/1989 been reconveyed as at the date of the s. 12(Sch. 1 item 120). lodgement of the instrument; and (b) in the case of a charge, the charge is deemed no longer to affect the land charged as from the date of lodgement of the instrument. No. 5842 s. 85. 85 Mortgage money payable to Treasurer if mortgagee absent from and mortgage discharged (1) If a mortgagee is absent from Victoria and there is S. 85(1) amended by no person authorized to give a receipt for the Nos 6867 s. 2, mortgage money the Treasurer of Victoria may 18/1989 s. 12(Sch. 1 receive such money with all arrears of interest due item 121 thereon in trust for the mortgagee or other person (a)(b)). entitled thereto; and thereupon the interest upon such mortgage shall cease to run or accrue and the Registrar shall, upon production of the receipt of the Treasurer for the amount of the mortgage money and interest, make a recording in the Register discharging the land from such mortgage, and that recording shall be a valid discharge from such mortgage. S. 85(2) (2) The Treasurer shall hold such moneys, together amended by with all dividends and interest which accrue No. 80/2009 thereon, in the Trust Fund until an application is s. 43. made to the Treasurer by the mortgagee or other person entitled to the moneys for payment of those moneys. No. 5842 s. 86. 86 First mortgagee to produce title for registration of S. 86 subsequent instrument amended by No. 18/1989 When any instrument subsequent to a first s. 12(Sch. 1 mortgage is made by the registered proprietor of item 122(a)(b)). any land and such proprietor or the person entitled to the benefit of the subsequent instrument desires
S. 84(5) inserted by No. 128/1986 s. 6, amended by No. 18/1989 s. 12(Sch. 1 item 120). (5) Upon the Registrar making the recordings required by subsection (4)— (a) in the case of a mortgage, the legal or other interests of the mortgagee is deemed to have been reconveyed as at the date of the lodgement of the instrument; and (b) in the case of a charge, the charge is deemed no longer to affect the land charged as from the date of lodgement of the instrument. No. 5842 s. 85. 85 Mortgage money payable to Treasurer if mortgagee absent from and mortgage discharged S. 85(1) amended by Nos 6867 s. 2, 18/1989 s. 12(Sch. 1 item 121 (a)(b)). (1) If a mortgagee is absent from Victoria and there is no person authorized to give a receipt for the mortgage money the Treasurer of Victoria may receive such money with all arrears of interest due thereon in trust for the mortgagee or other person entitled thereto; and thereupon the interest upon such mortgage shall cease to run or accrue and the Registrar shall, upon production of the receipt of the Treasurer for the amount of the mortgage money and interest, make a recording in the Register discharging the land from such mortgage, and that recording shall be a valid discharge from such mortgage. S. 85(2) amended by No. 80/2009 s. 43. (2) The Treasurer shall hold such moneys, together with all dividends and interest which accrue thereon, in the Trust Fund until an application is made to the Treasurer by the mortgagee or other person entitled to the moneys for payment of those moneys. No. 5842 s. 86. S. 86 amended by No. 18/1989 s. 12(Sch. 1 item 122(a)(b)). 86 First mortgagee to produce title for registration of subsequent instrument When any instrument subsequent to a first mortgage is made by the registered proprietor of any land and such proprietor or the person entitled to the benefit of the subsequent instrument desires
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