South Australian Consolidated Acts

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TRUSTEE ACT 1936 - SECT 23C

23C—Power to purchase equity of redemption in lieu of foreclosure

A trustee unless expressly forbidden by the instrument, if any, creating the trust, in lieu of proceeding to foreclosure may with moneys held upon the same trusts as the mortgage debt purchase the equity of redemption of land in the State the subject of a mortgage held by the trustee under which default has been made: Provided that—

            (a)         before purchasing any such equity of redemption the trustee shall obtain a report as to the value thereof from a person whom the trustee reasonably believes to be competent to give a report upon that value, and who is employed independently of the owner of the equity of redemption; and

            (b)         the price paid for the equity of redemption shall not be more than the value thereof as so reported to the trustee.



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