S.I. No. 653/2010 - Land and Conveyancing Law Reform Act 2009 (Section 100) Regulations 2010.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th January, 2011.

I, DERMOT AHERN, Minister for Justice and Law Reform, in exercise of the powers conferred on me by sections 5 and 100 (1) of the Land and Conveyancing Law Reform Act 2009 (No. 27 of 2009) and the Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 ( S.I. No. 216 of 2010 ), make the following regulations:

1. These Regulations may be cited as the Land and Conveyancing Law Reform Act 2009 (Section 100) Regulations 2010.

2. These Regulations shall come into operation on 30 December 2010.

3. The form of notice specified in the Schedule is prescribed for the purposes of section 100(1) of the Land and Conveyancing Law Reform Act 2009 (No. 27 of 2009).

SCHEDULE

Notice under section 100(1) of Land and Conveyancing Law Reform Act 2009

Twenty eight days’ notice is hereby given pursuant to section 100 (1) of the Land and Conveyancing Law Reform Act 2009 that (insert name) may, subject to subsections (2) and (3) of section 100 and sections 101 to 107, sell/concur in the sale of the property described below.

Name and address of mortgagee or other person for the time being entitled to receive and give a discharge for the mortgage debt.
Name(s) and address(es) of mortgagor(s).
Description of mortgaged property.
Total amount of mortgage outstanding on (insert date).
Grounds for this notice.	(a) Section 100(1)(a) Details as follows: or (b) Section 100(1)(b) Details as follows: or (c) Section 100(1)(c) Details as follows:

In accordance with subsections (2) and (3) of section 100, the power of sale shall not become exercisable without a court order unless the above named mortgagor(s) consent(s) in writing to such exercise not more than 7 days prior to such exercise. In the absence of consent, (insert name) may at any time after expiration of the 28 days’ notice, which is hereby given, apply to the High Court/Circuit Court (delete as appropriate) for an order authorising exercise of the power of sale.

Signed:............................

For and on behalf of: ..............

..............

Date:............................................

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GIVEN under my Official Seal,

30 December 2010.

DERMOT AHERN,

Minister for Justice and Law Reform.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations prescribe the form of notice to be used for the purposes of section 100(1) of the Land and Conveyancing Law Reform Act 2009 .