395. Power of sale.

Provided that he has a power of sale and that it has both arisen and become exercisable1, there is no legal reason why a second or subsequent lender should not sell the property in order to realise his security2. Although a second or subsequent mortgagee will sell free of incumbrances ranking in priority subsequent to his own, he cannot sell free of prior incumbrances. He should therefore obtain an official copy of the register from the Land Registry3 (in the case of registered land)4 or make an official search at the Land Charges Department