s 19 Obligation of mortgagee to transfer instead of reconveying
19.—(1) Where a mortgagor is entitled to redeem, he shall have power to require the mortgagee, instead of reconveying, and on the terms on which he would be bound to reconvey, to assign the mortgage debt and convey the mortgaged property to any third person as the mortgagor directs, and the mortgagee shall assign and convey accordingly. (2) The power given by this section to a mortgagor shall belong to and be capable of being enforced by each incumbrancer or by the mortgagor notwithstanding any intermediate incumbrance, but a requisition of an incumbrancer shall prevail over a requisition of a mortgagor, and as between incumbrancers a requisition of a prior incumbrancer shall prevail over a requisition of a subsequent incumbrancer. (3) This section shall not apply in the case of a mortgagee being or having been in possession. (4) This section shall apply to mortgages made before, on or after 1 August 1886, and shall have effect notwithstanding any stipulation to the contrary.