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The Insolvency (England and Wales) Rules 2016
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Claim by mortgagee of land
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10.122.—(1) Any person claiming to be the legal or equitable mortgagee of land belonging to the bankrupt may apply to the court for an order directing that the land be sold.
(2) The court, if satisfied as to the applicant’s title, may direct accounts to be taken and enquiries made to ascertain—
(a)the principal, interest and costs due under the mortgage; and
(b)where the mortgagee has been in possession of the land or any part of it, the rents and profits, dividends, interest, or other proceeds received by the mortgagee or on the mortgagee’s behalf.
(3) The court may also give directions in relation to any mortgage (whether prior or subsequent) on the same property, other than that of the applicant.
(4) For the purpose of those accounts and enquiries, and of making title to the purchaser, any of the parties may be examined by the court, and must produce on oath before the court all such documents in their custody or under their control relating to the bankrupt’s estate as the court may direct.
(5) The court may under paragraph (4) order any of the parties to clarify any matter which is in dispute in the proceedings or give additional information in relation to any such matter and CPR Part 18 (further information) applies to any such order.
(6) In any proceedings between a mortgagor and mortgagee, or the trustee of either of them, the court may order accounts to be taken and enquiries made in like manner as in the Chancery Division of the High Court.
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