Section 93 Restriction on consolidation of mortgages.
A mortgagor seeking to redeem any one mortgage is entitled to do so without paying any money due under any separate mortgage made by him, or by any person through whom he claims, solely on property other than that comprised in the mortgage which he seeks to redeem.
This subsection applies only if and as far as a contrary intention is not expressed in the mortgage deeds or one of them.
This section does not apply where all the mortgages were made before the first day of January, eighteen hundred and eighty-two.
Save as aforesaid, nothing in this Act, in reference to mortgages, affects any right of consolidation or renders inoperative a stipulation in relation to any mortgage made before or after the commencement of this Act reserving a right to consolidate.
Notes on Part III
Modifications
- C1
Certain provisions of Part III applied by Agriculture (Miscellaneous Provisions) Act 1941 (c. 50), s. 8(4), Weeds Act 1959 (c. 54), s. 3(3) and Leasehold Reform Act 1967 (c. 88), s. 19(8)