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This entry was published on 2014-09-22
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Enforcement of mortgages, charges, liens and incumbrances
Real Property (RPP) CHAPTER 50, ARTICLE 12
§ 420. Enforcement of mortgages, charges, liens and incumbrances. All
charges, liens and incumbrances on registered property, or on any
estate, right or interest in the same, and all rights therein may be
enforced as now allowed by law; and all laws with reference to the
foreclosure, release or satisfaction of mortgages shall apply to
mortgages on registered property or on any estate, right or interest
therein, except as herein otherwise provided, and except that until
notice of the pendency of any suit to enforce such mortgage, charge,
lien or incumbrance is filed in the registrar's office and a memorial
thereof entered on the certificate in the title book, the pendency of
such suit shall not be notice to the registrar or to any person dealing
with the property or any right or interest therein. Upon the sale under
foreclosure or other action or proceeding directing the sale of real
property, the title to which is then a registered title, it shall be the
duty of the officer making the sale to report such sale to the justice
assigned to the "title part" of the special term, who shall thereupon
designate an official examiner of title to examine into the action or
proceeding or any other fact or circumstance affecting the title since
the last registration thereof. The examiner of title shall prepare his
report immediately and shall file one copy with the court designating
him and one copy with the officer making the sale. The officer making
the sale shall not deliver a deed of the property sold until the
examiner's report is filed with him showing the regularity of the acts
and proceedings subsequent to the last registration of title. The
justice of the "title part" shall upon the production of the deed from
the officer making the sale and upon the report of the examiner approve
said deed and make an order directing the registrar to register the
title accordingly. The fees for the services of the official examiner
under this section shall not exceed the sum of five dollars unless an
additional allowance is directed by the justice of the "title part."