Dealings in land by receivers and managers of mortgagors

A dealing by the receiver or manager must be drawn in the name of the mortgagor and include a statement that a receiver or manager has been appointed. The dealing must be executed by the receiver or manager and the nature of the authority to sign must be stated, e.g. 'receiver for [name of mortgagor]'. The execution must be witnessed. The receiver or manager's execution must include a reference to the instrument (that appoints them as either a receiver or manager) as the authority of their execution on behalf of the mortgagor.

Alternatively, if a mortgage does not empower a receiver to sell, the mortgagee may appoint the receiver as an agent to sell a property. In this case, however, the transfer would be in exercise of power of sale (Form 01TP) and should recite the mortgagee as transferor and be signed by the receiver as agent of the mortgagee.

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