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Property LawStrata TitleHARD

A developer wishes to create a strata subdivision but discovers an existing mortgage over the land. What must occur before strata titles can be issued?

Correct Answer

B) The mortgage must be discharged, or the mortgagee must consent, before the plan is registered.

Before a strata plan can be registered, any existing mortgage over the land must either be discharged or written consent must be obtained from the mortgagee. This protects the mortgagee's security interest and prevents the subdivision from affecting their rights without consent.

Answer Options
A
The plan can be registered without notice to the lender, and the mortgage simply lapses.
B
The mortgage must be discharged, or the mortgagee must consent, before the plan is registered.
C
Registration cancels the mortgage, and the lender must then re-register over each new lot.
D
The developer must lodge a cash bond with the titles office equal to the loan balance.

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Related Topics & Key Terms

Key Terms:

mortgagestrata subdivisiondischargeconsentmortgagee
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