Bill 34 (Legislature 4, Session 2)

L4 S2 10176

Alberta — Bills

REPRINTED BILL. BILL No. 34 of 1919.

An Act to amend The Land Titles Act. (Assented to ' 1919.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: The Land Titles Act, being

chapter 24 of the Statutes of Alberta, 1906, is amended as follows: 1. By striking out

section 62 and substituting therefor the following: "62. Proceedings for recovery of money secured by a mortgage or encumbrance, or to enforce any provision thereof, or sale, redemption or foreclosure proceedings with respect to mortgaged or encumbered land may be taken in any court of competent jurisdiction in accordance with the existing practice and procedure thereof. "

(2) No. execution to enforce a judgment for moneys secured by a mortgage, encumbrance or agreement of sale on or of land or of any security therefor shall issue or be proceeded with until sale of the land, and levy shall then only be made for the amount of the said moneys remaining unpaid after . the due application of the purchase moneys received at the said sale. "

(3) As long as execution cannot issue or be proceeded with under the provisions of this section, the payment of th0- money secured by a mortgttge or an agreement for sale of land shall not be enforced by attachment or garnishment, or by the appointment of n receiver or by any other process of a similar nature. " ( 4) A judge of the Supreme Court, in any case where it is fair and equitable so to do and upon application by notice of motion, may onlcr that the provisions of sub sections 2 and 3 of this

section are no longer to apply wholly or partly to the mortgage which is the subject matter of the application. The judge shall not make any such order save where he is convinced- " (

a) of the inadequacy of the land as a security for the mortgage debt;

2 11 (

b) of the possession by the mortgagor of liquid assets sufficient to discharge the mortgage debt; aml "(

c) of the existence of a brravc danger of di'lposttl of the assets of the mortgagor to defeat the claim of the mortgagee. "

(5) Any order made under subsection 4 hereof may be at any time varied or set aside by the same or any other judge." 2. By striking out of the proviso to

section 46 the words "by or" where they occur therein. 3. By striking out subsection 5 of

section 62a and substi tuting therefor the following: 11

(5) A copy of the notice shall be served upon the mort gagor or incumbrancer and upon every person appearing by the records of the proper land titles office to have any right, estate or interest to or in the land charged, sub sequent to the mortgage or encumbrance, and within two months after such service upon all such persons a copy shall be filed with the registrar of the proper land titles office." And by striking out the words 11 from the date of service of such notice" where they occur in subsection 6 thereof and inserting the words 11 from the date when service upon all such parties has been completed", and bY inserting at the end of such subsection the words "and such sale shall be confirmed by an order under the hand of the registrar".

And by striking out subsection 16 thereof and inserting the following new subsections: 11

(16) Every order of foreclosure and every order con firming a sale under the hand of the registrar shall contain a clause that possession of the lands mentioned therein shall be given to the mortgagee or purcbaser forthwith, and upon filing a certified copy of such order in the office of the sheriff of the judicial district in which such lands are situate the sheriff of such district shall forthwith proceed to enforce such order for possession in the same manner as if it were a writ for possession, and the costs of obtaining such possession shall be forthwith paid by the person dispossessed to the mortgagee, purchaser or such other person or person:'! as may be entitled thereto under the next subsection. 11 (16a) Where the· land has been sold under this section, and there is a balance within the meaning of subsection 8 hereof, the costs of gaining possession shall be paid thereout and in priority to the claims of the other persons otherwise entitled to such balance, but such other persona shall be entitled to receive payment of the said costs from the person dispossessed." 4:.

By inserting as

section 02b the following:

3 "62b. The effect of an order for foreclosure of a mortgage or encumbrance heretofore or hereafter made by any court or judge or by any registrar shall be to vest the title of the land affected thereby in the mortgagee or encumbrancee free from all right and equity of redemption on the part of the owner, mortgagor or encumbrancer or any person claiming through or under him subsequently to the mortgage or encumbrance, and shall from and after the date of the passing of this

section operate as full satisfaction of the debt secured by such mortgage or encumbrance. Such mort gagee or encumbrancee shall be deemed a transferee of the land and become the owner thereof and be entitled to receive a certificate of title for the same." 5. By striking out

section 73 and substituting therefor the following: "73. Any such power of attorney may be revoked by a revocation in the form U in the

schedule to this Act, and after the registration of a revocation of a power of attorney the registrar shall not register any transfer or other instru ment made under such power of attorney unless such transfer or other instrument was executed prior to the revocation of the power of attorney." 6. By striking out from subsection 1 of

section 77 the three provisoes thereto and substituting therefor the following: "Provided that every writ or renewal thereof shall cease to bind or affect land at the expiration of six years from the date of the receipt thereof by the registrar of the district in which the land' is situated, unless before the expiration of such period of six years a renewal of such writ is filed with the registrar in the Harne manner as the original is required to be filed with him. 7. By adding after the word "lands" where it first occurs in subsection 3 of

section 77 the words "at any time during the currency of such writ". 8. By adding as subsections 4, 5 and 6 of

section 77 the following: " ( 4) In case a renewal writ of execution is received by the registrar after the expiration of the time limit such renewal shall nevertheless bind the land covered thereby from the time of its receipt in the same manner as if it were the certified copy of an original writ. "

(5) Any writ current at the date of the passing of this subsection shall be renewed as aforesaid on or before the first of .January, 1920, or within six years from the receipt by the

4 registrar of a certified copy of such writ, whichever shall last occur; otherwise the same shall cease to bind the lands of the judgment debtor. 11

(6) The registrar shall not be required to register any Rllch writ tmlcsH it sets forth or hl~H ('.lHlorHcd thereon in full the Christian name or names and surname of the debtor and his residence and occupation, or his name, residence and occupation in the exact form in which the same appear (if at all) upon a certificate of title in the same office.'' · 9. By adding as

section 105a thereof the following: ~< 105a. Where any person has heretofore taken or shall hereafter take for valuable consideration and either immedi ately or by transfer a mortgage or encumbrance whieh is null and void as against" a wife by reason of the provisions of The Dower Act, then and without 11rcjudice to the gem'ral ity of

section 105 of this Act sueh person shall upon estab li!;hing the said nullity or voidness in

an act.ion for damages against the registrar as a nominal defendant be entitled to receive from the assurance fund nll losR sustained by him by reason of taking the said mortgage or encumbrance, including therein the sum secured thereby at the date of jmlgment in the said action and the interest due thereon. 11

(2) Any purchaser for value of land taking a transfer thereof which is null and void as aforesaid may recover from the assurance fund by the procedure aforesaid the amount of the loss sustained by him by reason of the sajd purchase, including all purchase moneys paid by him. 11

(3) Absence of good faith on the part of the transferee, mortgagee, or encumbrancee or knowledge on his part of any faCt sufficient to avoid the transfer, mortgage or encum brance as aforesaid shall deprive him of the benefit of this section. 11 ( 4) Upon recovery of judgment against the registrar or payment of damages or loss under

section llla of this Act, the Provincial Treasurer shall be entitled to be re imbursed by the transferrer, mortgagor or encumbrancer all sums paid by him out of the assurance fund and should he so desire. to be registered as a transferee of the lalJ.d or of the mortgage or encumbrance as trustee for the assurance fund and shall in any event be subrogated to all the rights and remedies, of the transferee, mortgagee, or encum brancee.'' 11

(5) Time shall not commenee or continue to run against the Provincial Treasurer, nor shall any statutory provision relating to limitation of action affect in any way the right of the Provincial Treasurer to recover all moneys paid out of the assurance fund under the provisions of this

section or to take in any other way full advantage of subsection 4 hereof."

5 10. By adding u.s

section 111 a thereof the following: "111a. The Attorney General upon being sP.t.iRfied that any claim which might under this Act be the subject of an action for damages af,!;ainst the registrar as a nominal defendant is well founded mav issue a certificate to that effect, and thereupon the Lietit.enant Governor in Council may dire<ct the payment of the claim out of the assurance fund, together with a, reasonable smn for costs incurred in making the same. "

(2) Whenever any amoliDt is so paid out of the assur ance fund, it shall be deemed to ha.ve been paid on account of such person as the Attorney General may direct, and the s::tid amount may be recovered from the latter in manner directed by seetion 111 of this Act." 11. By inserting in sectioo 117 at the end of the sub

section thereof the following words: "Upon registering any mortga.~e or encumbrance on land, the registrar shall demand and receive for the assurance fund twemty-five cents, or 001e-fortieth of one per cent. of the morley secured by sudh mortgnge or encumbrance, wbichever is the greater." 12. By adding as

section 124a thereof the following: "124a. All plans of every nature whatsoever which are required to, or may be deposited with the registrar may be submitted for approval by him to the Director of Surveys of the province, or to such other person as the said director may in writing appoint thereunto.'' 13. By striking out of form EE in the

schedule 1 thereto the word "only", and by adding at the end of the said form the following: " (The land herein referred to may also be subject to such decrees, orders, executions as may appear in a general registrar's certificate under seal in form FF)."

No. 34. SECOND SESSION FOURTH LEGISLATURE 9 GEORGE V 1919 BILL A.n Act to amend The Land Titles Act. Received and r~ad the First time ................. . Second time ............... . Third time ................ . HoN. MR. BoYLE. EDMONTON: J. W. JmJTBRT, KINo's PaDITIIR A. D. 1919 Title: 1919 (4th, 2nd) Bill 34,

An Act to amend The Land Titles Act

Document details

Collection	Alberta — Bills
Citation	L4 S2 10176
Type	bill
Volume / chapter	L4 S2 10176
Language	en
Format	json
Source	PROVINCIAL
Identifier	d2c2953cf4fea4d97b65d97aa899044094789142

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