441. Terms of express power of sale.

(ii)     Express Power of Sale

441.     Terms of express power of sale.

It was usual to insert in mortgages executed before 1 January 18821 an express power of sale2. The statutory power of sale3 renders express powers unnecessary, although in practice it remains common to include an express power of sale in the mortgage in addition to the statutory power of sale4. A variation or extension of the statutory power operates as if it were a part of the statutory power5, and a conveyance on sale by a mortgagee is