Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 120A

120A Effect on writ of execution of transfer after sale by mortgagee

(1) Subsection (2) applies if—

(a) a mortgage is registered over a lot; and

(b) a writ of execution is later registered in relation to the lot.

(2) If the mortgagee of the lot signs a transfer of the lot after exercising power of sale under the mortgage—

(a) registration of the writ of execution does not prevent registration of the transfer; and

(b) on registration of the transfer, the registrar must cancel registration of the writ of execution.