Mortgagee's Power of Sale, 3rd edition (eBook)
Now in its 3rd edition, The Mortgagee's Power of Sale provides an up-to-date, practical guide to the steps that a mortgagee must take to obtain possession of and sell land.
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This text also provides a detailed analysis of a mortgagee's duty in selling land. Registered and unregistered mortgages are considered together with the different issues that arise when considering Torrens system and general land. There is also a comprehensive discussion about a mortgagor's rights including the lodging of caveats and obtaining an injunction to prevent a sale. While maintaining its practical emphasis, the book considers recent significant decisions such as Bofinger v Kingsway Group, MBF v Nolan Ltd and Residential Housing Corporation v Esber.
1. Practical step by step guide for mortgagees seeking to obtain possession of and sell land.
2. Detailed consideration of a mortgagee's duties in selling land.
3. Comprehensive consideration of the differences between registered and unregistered mortgages and Torrens system and general law land.
4. Up to date case law analysis
Table of Contents
1. Nature of Mortgages
2. Source of the Power of Sale
3. Conditions Precedent to the Exercise of the Power of Sale
4. The Mortgagee's Right to Possession of the Mortgaged Land
5. Recovery of Possession of the Mortgaged Property
6. The Excercise of the Power of Sale
7. The Mortgagee's Duty in Excercising the Power of Sale: General Principals
8. The Mortgagee's Duty in Excercising the Power of Sale: Application of the General Principals
9. Permitted Purchasers
10. Protection of the Purchaser
11. The Mortgagor
12. Distribution of the Proceed of Sale - General Law Land
13. Distribution of the Proceeds of Sale - Registered Land