@youngviphq Therefore, the sale is valid as against Mr Okonkwo as the Bankโs power of sale had arisen, but Mrs Adebayo can sue the Bank for damages for irregular exercise of the power. Section 126(2), Property and Conveyancing Law 1959.
@youngviphq โฆsuch power must have arisen and become exercisable for the sake to be valid- Section 123 and 125, PCL.
For the power to have arisen, the mortgage must be by Deed, the legal due date must have passed and there is no contrary intention to the sale in the Deed- Section 123 PCL..
@youngviphq โฆ. Although, the Bank sold the property after six weeks of the demand notice which falls short of the 3 months grace period under the law, in other for the power of sale to become exercisable, the sale to Mr Okonkwo, an innocent purchaser, would still be valid.
@youngviphq โฆmortgage Deed, the Mortgagee has certain remedies he can explore, to wit: an action in court for principal sum and interest; appointment of a receiver; foreclosure; power to sell the mortgage property; among others.
Where he chooses to explore his power of saleโฆ
@youngviphq D.
The mortgage transaction expressed in the scenario is a legal mortgage and the applicable law is the Property and Conveyancing Law 1959 because the mortgage property is situate in Ibadan, Oyรณ state.
Generally, where thereโs a breach of a covenant in theโฆ