Victorian Consolidated Legislation

Limitation of Actions Act 1958 - SECT 20

Actions to recover money secured by a mortgage or charge

20. Actions to recover money secured by a mortgage or charge



(1) No action shall be brought to recover any principal sum of money secured
by a mortgage or other charge on property, whether real or personal, after the
expiration of fifteen years from the date when the right to receive the money
accrued, notwithstanding that the money is by any Act or instrument expressed
to be a charge until paid.

(2) No foreclosure action in respect of mortgaged personal property shall be
brought after the expiration of fifteen years from the date on which the right
to foreclose accrued:

Provided that if after that date the mortgagee was in possession of the
mortgaged property the right to foreclose on the property which was in his
possession shall not, for the purpose of this subsection, be deemed to have
accrued until the date on which his possession discontinued.

(3) The right to receive any principal sum of money secured by a mortgage or
other charge and the right to foreclose on the property subject to the
mortgage or charge shall not be deemed to accrue so long as that property
comprises any future interest or any life insurance policy which has not
matured or been determined.





(4) Nothing in this section shall apply to-

   (a)  a foreclosure action in respect of mortgaged land, but the provisions
        of this Act relating to actions to recover land shall apply to such an
        action; or

   (b)  the recovery by any statutory authority of any rates or other moneys
        which by any Act are and until paid remain a charge on land.

(5) Notwithstanding anything in subsection (7) of section five of this Act-

   (a)  where a prior mortgagee or other incumbrancer has been in possession
        of the property charged and an action is brought within one year of
        the discontinuance of such possession by the subsequent incumbrancer,
        the subsequent incumbrancer may recover by that action all the arrears
        of interest which fell due during the period of possession by the
        prior incumbrancer or damages in respect thereof notwithstanding that
        the period exceeded six years; and

   (b)  where property subject to a mortgage or charge comprises any future
        interest or life insurance policy and it is a term of the mortgage or
        charge that arrears of interest shall be treated as part of the
        principal sum of money secured by the mortgage or charge, interest
        shall not be deemed to become due before the right to receive the
        principal sum of money has accrued or is deemed to have accrued.

Division 5-Actions to recover imposts