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“Overreaching” – A Creature of General Law

November 2010 - Real Estate & Property. Legal Developments by Drew & Napier LLC .

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The Singapore High Court has held that a mortgagee’s power to effect the sale and conveyance of a mortgaged property free from all subsequent encumbrances – the concept of “overreaching” – applies in general law, independent of any statute. In such situations, a subsequent mortgagee’s interest in the mortgaged property is extinguished and he can only look to the surplus sale proceeds to satisfy his interest.

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