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Court order for sale.
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94.— (1) This section applies to any action brought by a mortgagor for—
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(a) redemption, or
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(b) sale, or
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(c) the raising and payment in any manner of the mortgage debt, or
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(d) any combination of these in the alternative.
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(2) In any action to which this section applies the court may, if it thinks fit, direct a sale of the mortgaged property on such terms as it thinks fit.
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(3) Without prejudice to the generality of the court’s discretion under subsection (2), it may—
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(a) allow any time for redemption or payment of the mortgage debt,
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(b) require lodgment in court of a sum to meet the expenses of a sale and to secure a performance of its terms,
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(c) give directions as to costs and require the giving of security for costs,
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(d) direct a sale without previously determining priorities of incumbrances,
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(e) give the conduct of the sale to a particular party,
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(f) make a vesting order conveying the mortgaged property to a purchaser or appoint a person to make such a conveyance.
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(4) Except in the case of a housing loan mortgage, this section takes effect subject to the terms of the mortgage.
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