Queensland Property Law Act 2023
Chapter 5: Mortgages (mortgagee powers and duties, mortgagor rights) – Queensland Property Law Act 2023

Queensland Property Law Act 2023 128-132: Mortgagor's implied obligations and rights: copies of documents, relief against acceleration, transfer instead of discharge

What does 128-132 require?

A mortgagor must pay principal and interest according to the mortgage without deduction, keep buildings in as good repair as at the date of the mortgage, permit the mortgagee to inspect on reasonable notice and comply with the other implied obligations in section 128. A mortgagor may ask for copies of, or to inspect, documents in the mortgagee's possession relating to the property on paying reasonable costs (section 129); may obtain relief against payment of an accelerated sum by paying the arrears and costs within the period section 130 allows; has relief against overdue principal where interest has been accepted (section 131); and may require the mortgagee to transfer the mortgage to a third party instead of discharging it (section 132). Consolidation of mortgages is abolished (section 133) and section 127 prohibits contracting out of the Part's protections.

Maintained by Gerard Blokdyk

Other controls in Chapter 5: Mortgages (mortgagee powers and duties, mortgagor rights) – Queensland Property Law Act 2023

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