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Book 3 · Law of property  ›  Title 1 · Mortgage › Section 1117

Acquisition of the certificated mortgage

(1) Unless issuance of a mortgage certificate has been excluded, the creditor acquires the mortgage only upon the certificate being handed over to them by the owner of the plot of land. The provisions of section 929 sentence 2 and sections 930 and 931 apply to the handover.

(2) The handover of the certificate may be replaced by agreement as to the creditor being entitled to have the Land Registry hand over the certificate to them.

(3) If the creditor is in possession of the certificate, it is presumed that handover has taken place.

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