New South Wales Consolidated Regulations

REAL PROPERTY REGULATION 2008 - REG 11D

11D Mortgages executed under power of attorney

If the mortgage was executed on behalf of the mortgagor under a power of attorney, the mortgagee must:

(a) if the mortgagor is a natural person-take the actions under clause 11B, and

(b) if the mortgagor is a body corporate-take the actions under clause 11C, and

(c) if the attorney is a natural person-take the actions under clause 11B as if references to the mortgagor in that clause were references to the attorney, and

(d) if the attorney is a body corporate-take the actions under clause 11C as if references to the mortgagor in that clause were references to the attorney, and

(e) verify, from the power of attorney, that the execution of the mortgage was authorised by the power of attorney.