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Surrender of title subject to mortgage registered in the Registry of Deeds

Land Titles Act

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

—(1) Where the President agrees to accept the surrender of any unregistered land for the reissue of one or more fresh titles under any existing law or otherwise agreed upon between the President and the proprietor of the land, as the case may be, the President may accept a surrender of the land subject to any subsisting mortgage registered under the provisions of the Registration of Deeds Act and in lieu thereof issue a fresh title or titles for the land surrendered subject to such mortgage:Provided that such surrender shall not be accepted unless —(a)the fresh title or titles to be issued will be of the same tenure as that of the title to the land to be surrendered;(b)the mortgagee claiming under the subsisting mortgage has given his consent in writing to the surrender and the reissue of the fresh title or titles; and(c)the Registrar has given his consent in writing to the surrender.(2) Where the President has accepted a surrender of the unregistered land subject to any subsisting mortgage registered under the provisions of the Registration of Deeds Act [Cap. 269] pursuant to subsection (1), a certificate may be issued by the Collector of Land Revenue or a State grant or lease may be issued by the President, as the case may be, and such certificate or State grant or lease shall be endorsed by the Collector of Land Revenue with a notification of the registered subsisting mortgage and forwarded by the Commissioner of Lands to the Registrar.(3) The Registrar after receipt of the certificate issued by the Collector of Land Revenue or the State grant or lease endorsed with the notification of the subsisting mortgage shall bring the land comprised therein under the provisions of this Act and have the endorsed subsisting mortgage notified on the relevant folio (when created) of the land-register, and thereafter deliver the relevant duplicate certificate of title to the person entitled thereto.(4) Section 8(2) to (5) shall apply to a certificate of title issued pursuant to a certificate issued by the Collector of Land Revenue under this section.(5) Where the Registrar has entered a notification of the subsisting mortgage on the relevant folio of the land-register pursuant to subsection (3), section 20(5), (6) and (7) shall, mutatis mutandis, apply to that mortgage.(6) Subject to subsection (5), where any unregistered land or part thereof has been surrendered to the President and no certificate of title has yet been issued by the Registrar, section 9(4) shall, mutatis mutandis, apply to that unregistered land or part thereof.[8B

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