Order of court required before entry for repossession
95 Order of court required before entry for repossession
Subject to subsection (2), a mortgagee shall not enter or authorize a person on his behalf to enter, and a person so authorized shall not enter, upon premises for the purpose of taking possession of goods subject to a mortgage otherwise than in accordance with an order of a court.
- 20 penalty units.
Subsection (1) does not apply where the mortgagor was aware of the provisions of this section and, before the entry was made, gave his consent to the entry upon the premises for the purpose of taking possession of the goods.
The onus of proving that, by reason of subsection (2), subsection (1) does not apply is on the person who makes the entry or gives the authority.
A document that is signed by a mortgagor and is to the effect that the mortgagor was aware of the provisions of this section and gave his consent to an entry referred to in subsection (1) is not of itself evidence of that awareness and consent.
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