LK Notaries Final study materials
LK Notaries Final study resources

LK Notaries Final: Mortgages and Security Rights

LK Notaries Final · Work through your exam, one topic at a time.

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Mortgages and Security Rights

Mortgages and Security Rights

This domain tests real security over land and movables, the mortgage bond, priority and the notary's drafting duties.

Core rules

  • A Sri Lankan mortgage is a real right over immovable property securing a principal debt; it is accessory to the debt and must be registered to be effective against third parties.
  • The Mortgage Act No. 22 of 1949 governs mortgage bonds, remedies and, where available, parate execution.
  • Pledge over movable property requires delivery or equivalent control; a guarantee is personal security and creates no real right.
  • Priority between mortgages is generally determined by registration, not by the date of the bond.

Worked example

A bank lends against a property already mortgaged. The notary drafts a second mortgage bond and registers it. If the first mortgage is later discharged, the second does not automatically become first unless the priority rules and the deed so provide; registration order governs. The notary must search the register, state the principal debt and interest clearly, and ensure all co-owners join if the whole property is charged.

Traps

Mortgaging the whole where the borrower owns only a share; omitting registration; failing to describe the secured debt; releasing security without the mortgagee's consent; and confusing pledge with mortgage.