<p><strong><sup>1</sup></strong>(1) Where a mortgagor is entitled to redemption, then, on the fulfilment of any conditions on the fulfilment of which he would be entitled to require a re-transfer, he may require the mortgagee, instead of re-transferring the property, to assign the mortgage-debt and transfer the mortgaged property to such third person as the mortgagor may direct; and the mortgagee shall be bound to assign and transfer accordingly.</p>
<p>(2) The rights conferred by this section belong to and may be enforced by the mortgagor or by any encumbrancer notwithstanding an intermediate encumbrance; but the requisition of any encumbrance shall prevail over a requisition of the mortgagor and, as between encumbrancers, the requisition of a prior encumbrancer shall prevail over that of a subsequent encumbrancer.</p>
<p>(3) The provisions of this section do not apply in the case of a mortgagee who is or has been in possession.</p>
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<p><strong>1. Sections 60A and 60B ins. by Act 20 of 1929, sec. 23.</strong></p>
