Section 420. Enforcement of mortgages, charges, liens and incumbrances  


Latest version.
  • All
      charges, liens and  incumbrances  on  registered  property,  or  on  any
      estate,  right  or  interest  in the same, and all rights therein may be
      enforced as now allowed by law; and  all  laws  with  reference  to  the
      foreclosure,  release  or  satisfaction  of  mortgages  shall  apply  to
      mortgages on registered property or on any  estate,  right  or  interest
      therein,  except  as  herein  otherwise  provided, and except that until
      notice of the pendency of any suit to  enforce  such  mortgage,  charge,
      lien  or  incumbrance  is filed in the registrar's office and a memorial
      thereof entered on the certificate in the title book,  the  pendency  of
      such  suit shall not be notice to the registrar or to any person dealing
      with the property or any right or interest therein. Upon the sale  under
      foreclosure  or  other  action  or proceeding directing the sale of real
      property, the title to which is then a registered title, it shall be the
      duty of the officer making the sale to report such sale to  the  justice
      assigned  to  the  "title part" of the special term, who shall thereupon
      designate an official examiner of title to examine into  the  action  or
      proceeding  or  any other fact or circumstance affecting the title since
      the last registration thereof. The examiner of title shall  prepare  his
      report  immediately  and  shall file one copy with the court designating
      him and one copy with the officer making the sale.  The  officer  making
      the  sale  shall  not  deliver  a  deed  of  the property sold until the
      examiner's report is filed with him showing the regularity of  the  acts
      and  proceedings  subsequent  to  the  last  registration  of title. The
      justice of the "title part" shall upon the production of the  deed  from
      the  officer making the sale and upon the report of the examiner approve
      said deed and make an order directing  the  registrar  to  register  the
      title  accordingly.  The  fees for the services of the official examiner
      under this section shall not exceed the sum of five  dollars  unless  an
      additional allowance is directed by the justice of the "title part."