284. Mortgagee's duty to obtain title deeds.

Apart from the effect of the provisions of the Land Charges Act 1972 and the Law of Property Act 1925 as to registration of puisne mortgages and equitable charges1, and as to notice2, a legal mortgagee who, on taking his mortgage, omits to inquire for the title deeds is postponed to an earlier incumbrancer in whose possession they then are3, and also to a subsequent incumbrancer who inquires for the deeds and gets them or, if he is the third incumbrancer, inquires and finds that they are with the second incumbrancer

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