Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A mortgagee
exercising the power of sale conferred by this Part has power, by deed, to
convey to and vest in the purchaser the property sold for all the estate
(including the legal estate) and interest therein that the original mortgagor
had power to dispose of, freed from all estates, interests and rights to which
the mortgage has priority, but subject to all estates, interests and rights
that have priority to the mortgage.
(2) Where a conveyance
is made in exercise of the power of sale conferred by this Part, or any
corresponding previous enactment, the title of the purchaser is not
impeachable on the ground —
(a) that
no case had arisen to authorise the sale; or
(b) that
due notice was not given to the mortgagor; or
(c) that
the power was otherwise improperly or irregularly exercised,
and a purchaser shall
not, either before or on conveyance, be concerned to see or inquire whether a
case has arisen to authorise the sale, or due notice has been given, or the
power is otherwise properly and regularly exercised; but any person damnified
by an unauthorised, or improper, or irregular exercise of the power has his
remedy in damages against the person exercising the power.
(3) A conveyance on
sale by a mortgagee, made after the coming into operation of this Act, shall
be deemed to have been made in exercise of the power of sale conferred by this
Part unless a contrary intention appears.