369. Transfer of equitable mortgage by deposit of title deeds.

Since 27 September 19891 an equitable mortgage of or charge on land or any interest in land can only be made in writing2. In cases where an equitable mortgage has been effectively created by deposit of title deeds3, any assignment of such an interest should be in writing4. A transferee who pays off the mortgagee and takes delivery of the deeds without any assignment in writing may be subrogated to the rights of the mortgagee