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The Procedure for a Mortgagee Bank (RBC) exercising its

Power of Sale
according to the Laws of the Commonwealth of Dominica
Title by Registration Act (TRA)
Chap. 56:50 (as amended)
Preamble:
All mortgages and incumbrances/charges must be recorded on the
Certificate of Title (CT) section 4 TRA.
As soon as the Registrar of Titles note the mortgage on the CT, the land
shall be held in pledge by the mortgagee from the date of the mortgage, for
the repayment to him of the principal sum advanced and the interest Section 42 TRA.
Although section 48 TRA, allows the mortgagor free use and enjoyment of
the all the property pledge/ mortgaged, nothing in that section all limit the
right of a mortgagee/bank from either:
-

Exercising its power of sale; or


Appointing a receiver

pursuant to section 49 TRA which is read in conjunction with sections 74


97 TRA.
As the Mortgagors were unable to service the said mortgage debt with the
Mortgagee Bank RBC, the following procedure as per the TRA which
legislatively guides the process for the Bank in the execution its power of
sale under the TRA.

Procedure: Section 74 97 TRA


1. The Bank as mortgagee may lawfully demand via a formal notice
Form 14, the payment of sum within 6o days of service1;
1 Section 74 TRA. Section 88 TRA provides that where the Bank does not wish to
proceed to seize the land, can within twenty-one (21) days, serve a new notice to
pay off with the same course of action available thereafter.
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2. Failure by the registered proprietor to pay off the mortgage sum


(inclusive of interest) within the specified time period, the Bank may
then seize the land as demarcated in the CT as the lands under the
mortgage charge;

3. In accordance with Form 15, seizure shall be completed by a bailiff


appearing on the premises with orders to seize and shall duly serve
the registered proprietors in person or if they are resident abroad
serve on a duly appointed power of attorney or failing which apply to
the High Court to have service effected out of the jurisdiction. It
should be noted that Form 15 contains a provision for the Bailiff to
create an inventory of the things attached to the land, accessorial to it
or contained thereon2 and do further acts as he deems fit in the
circumstances3;
4. Simultaneously, the Bank shall prepare (as a matter of necessity) and
present to the Registrar of Title a caveat of seizure Form 16 to
prevent all further dealings with the land seized until the caveat is
removed or withdrawn4;

At this point the Court would oversee the process with the Bank
adopting a managerial/oversteering approach to the process:

5. Thirty (30) days after the date of seizure, and within such time there
was no furtherance by the mortgagor/ debtor to settle the mortgage
2 Section 76 TRA.
3 Section 86 allows the Bailiff to appoint the registered proprietor, attorney, or
manager on the spot to carry on inter alia cultivation, reaping of crops and pay
laborers, failing which the Mortgagee bank shall apply to the Court to appoint a
receiver until a sale is effected or the seizure paid off.
4 Time of the essence in this exercise as section 89 TRA stipulates that if there is
more than one seizure, the mortgagee or incumbrancee who first presents the
caveat of seizure to the Registrar of Titles shall have the carriage of the sale, unless
the Court otherwise orders.
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debt, the Bank shall lodge in the Registry of the High Court Articles
of Sale as set out in Form 17, which includes items accessorial to the
land or contained thereon5.
The highest price is estimated of the items seized and by way of
summons, the registered proprietors and all other parties with
charges on the said portion of incumbered land, shall appear in no
more than ten (10) days after the date of the summons to either
settle the articles of sale, estimate an upset price and to fix a date of
sale and mode of publication thereof6. The registered proprietor at
any time up to twelve oclock (12 noon) of the day preceding the day
of the sale, pay off the seizure by depositing into Court the amount of
the sum due under the mortgage inclusive of costs7, thereby releasing
the lands.

The sale of the land and/or items shall be done by way of bidding
silent bidding, with the purchaser being the highest bidder 8, who will
then have to pay a one forth (1/4) deposit with the balance being
paid on agreement of a payment plan with the Registrar of the High
Court in no more than three (3) months9.
It should be noted that for lands not exceeding five thousand dollars
($ 5,000.00) in value value to be determined based on evidence
before the Court, it shall not be necessary to publicly announce the
sale beyond the island which the land is situate. In the instance where
the land is valued more than $ 5,000.00, the Court has the discretion
to publish throughout the State10 or beyond the State or in the English
journals11 in order to attract and obtain the highest price possible.
5 Section 78 TRA.
6 Ibid
7 Section 87.
8 Section 81.
9 Section 82.
10 OECS States.
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6. Once the sale has been completed and the money paid into Court, the
Registrar of the High Court shall create a scheme of division of the
price Form 18 and in like form as in settling the articles for sale,
the Court shall inform the Bank and have the interested party/ies
before the Court and the Registrar of the High Court to pay the
amounts to the respective persons preferred, upon receipt given by
them or those acting for them, opposite to their name in the scheme
of division.
7. The Court shall subsequently subsequent to the payment of the
purchase price, but not later than settling the scheme of division,
order and direct the Registrar of Titles to issue to the accepted
purchaser a CT12 to the land sold free from any incumbrances,
inclusive of the caveat that would have been lodged by the Bank with
the exception of the those stipulated under sections 56 and 57 TRA.

Incidental Points for the Bank to Note:


8. The Court may adjourn the sale or sine die i.e. with no appointed date
for resumption, upon hearing either the registered proprietor, the
mortgagee/ Bank or any other mortgagee or incumbrancee on the
grounds of necessity, expediency or any other grounds that appear to
be serious and well founded in the interest of all parties13.
9. Any lease for less than three (3) years of any portion of the land seized
shall be null and no lease for three (3) years or upward can be
registered in light of a caveat of seizure lodged14.
10.
For lands that attract a rental income, all rents due after seizure
shall be paid into the Registry of the High Court15.

11 Section 79.
12 The CT to be dated when the offer was accepted section 85.
13 Section 94 TRA.
14 Section 90
15 Ibid.
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11.
The Bank may bid but the TRA excludes certain persons from
bidding or purchasing either in their own persons or by means of a
third party16.

I so advise.
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16 Section 96 TRA.
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