Derek McDowell (Labour)

The main amendment in this group dealing with judgment mortgages is amendment No. 62, which is intended to clarify the meaning of subsection (1) of section 116. The purpose is to clarify that a judgment mortgagee may seek a court order for sale or such other order for enforcement against the debtor's land as the court thinks appropriate. The amendments to sections 3 and 123 are consequential on the amendment to section 116. It is also proposed to replace the word "equity" with "right" in subsections (2) and (3) of section 116 to include legal rights as well as equitable rights.