The reference to 'subsequent mortgages or encumbrances' in s 88(1)(c) of the Property Law Act 1974 (Qld) refers to the true priority of mortgages however lawfully achieved, not the order of registration, and is not limited to registered mortgages. A released mortgage that no longer operates as a charge on the land may still constitute a 'subsequent mortgage' for the purposes of s 88(1)(c) where the personal covenants remain enforceable. Suing for an amount within the District Court's monetary jurisdiction constitutes an abandonment of any excess claim.
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