Queensland Consolidated Regulations

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CONSUMER CREDIT CODE - SECT 47

47 Assignment or disposal of mortgaged property by mortgagor

(1) A mortgagor must not assign or dispose of property that is subject to a mortgage without the credit provider's consent or the authority of the Court under subsection (3).

Maximum penalty--50 penalty units.

(2) The credit provider must not unreasonably withhold consent or attach unreasonable conditions to the consent (but a condition requiring security over property of an equivalent kind and value is not to be regarded as unreasonable).

(3) The Court may, on application by a mortgagor, authorise the mortgagor to dispose of mortgaged property on conditions determined by the Court if--

(a) the credit provider fails within a reasonable time to reply to a request for consent to do so by the mortgagor; or
(b) consent is unreasonably withheld, or unreasonable conditions are attached to the consent.


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