6A conveyance by the Secretary of State under this Act shall have effect if the estate conveyed is not registered land—E+W+S+N.I.
(a)to vest the estate conveyed in the purchaser free from any mortgage to which the sale is not made subject; and
(b)to extinguish any other person’s title to the estate conveyed.
7(1)Where by virtue of paragraph 6 above land is discharged from a mortgage, the mortgagee shall be entitled, subject to the following provisions of this paragraph and to the claims of any prior mortgagee, to have the proceeds of sale applied in payment of the sums secured by the mortgage.E+W+S+N.I.
(2)The Secretary of State may by publishing such notice or notices as he thinks appropriate require any person who claims to be entitled to a payment under sub-paragraph (1) above to send particulars of his claim to the Secretary of State within the time, not being less than two months, fixed in the notice or, where more than one is published, in the last of them.
(3)At the end of the time fixed by the notice or, where more than one is published, the last of them, the Secretary of State shall not be liable to any person of whose claim he has not then received particulars.
8Where, after land has become vested in the Secretary of State under section 2 above, a person retains possession of any document relating to the title to the land, he shall be deemed to have given the Secretary of State an acknowledgment in writing of the Secretary of State’s right to production of that document and to delivery of copies thereof and (except where he retains possession of the document as mortgagee of trustee or otherwise in a fiduciary capacity) an undertaking for safe custody thereof; and section 64 of the M1Law of Property Act 1925 shall have effect accordingly, and on the basis that the acknowledgment and undertaking did not contain any such expression of contrary intention as is mentioned in that section.E+W+S+N.I.
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