Acts and Regulations

P-19 - Property Act

Section 45
Disposition versions

Full text
When power of sale exercised
45(1)A mortgagee shall not exercise the power of sale conferred by section 44 unless
(a) Repealed: 1986, c.73, s.3
(b) at least four weeks in advance of the sale, he has served upon the mortgagor or he has mailed by registered or certified mail addressed to the mortgagor at the latest address of the mortgagor known to the mortgagee, notice in writing specifying the time and place of sale, and
(c) notice of the sale has been published weekly for two consecutive weeks in a daily or weekly newspaper having general circulation in the county where the lands are located.
45(2)Where, under this section or under the terms of any mortgage deed, a notice of sale is required to be published in a newspaper, the publication of the notice in such newspaper once each week for the period during which the notice is required to be published, shall be deemed a sufficient publication of the notice in such newspaper.
45(3)In a notice of sale under this section, or under the terms of a mortgage deed, unless a contrary intention is expressed in the deed, it is not necessary to publish a full description of the mortgaged premises as set out in the mortgage, but any description from which the premises can be readily identified is sufficient.
R.S., c.177, s.43; 1954, c.68, s.1; 1975, c.46, s.1; 1979, c.58, s.1; 1986, c.73, s.3; 2019, c.37, s.1
When power of sale exercised
45(1)A mortgagee shall not exercise the power of sale conferred by section 44 unless
(a) Repealed: 1986, c.73, s.3
(b) at least four weeks in advance of the sale, he has served upon the mortgagor or he has mailed by registered or certified mail addressed to the mortgagor at the latest address of the mortgagor known to the mortgagee, notice in writing specifying the time and place of sale, and
(c) notice of the sale has been published weekly for four consecutive weeks in some daily or weekly newspaper having general circulation in the county within which the lands lie, or in the case of chattels personal, where the mortgage is recorded or filed, and in the case of lands, by printed handbills, one of which has been posted in or on the court house, one at, in or on the registry office, and one in some public place in the city, town or parish in which the lands are situate.
Publication of notice of sale
45(2)Where, under this section or under the terms of any mortgage deed, a notice of sale is required to be published in a newspaper, the publication of the notice in such newspaper once each week for the period during which the notice is required to be published, shall be deemed a sufficient publication of the notice in such newspaper.
Description of mortgaged premises
45(3)In a notice of sale under this section, or under the terms of a mortgage deed, unless a contrary intention is expressed in the deed, it is not necessary to publish a full description of the mortgaged premises as set out in the mortgage, but any description from which the premises can be readily identified is sufficient.
R.S., c.177, s.43; 1954, c.68, s.1; 1975, c.46, s.1; 1979, c.58, s.1; 1986, c.73, s.3