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Essential Guide to Mortgage Law in Australia, 2nd Edition
A detailed and practical guide to the law of mortgages in Australia.
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Product description
The authors are to be congratulated on this second edition of their book. The authors' learning, experience and insights are evident on every page. The book is certain to become an indispensible aid to the practice of mortgage law in Australia.
- Peter Butt, Emeritus Professor of Law, University of Sydney
A detailed and practical guide to the law of mortgages in Australia.
This ready reference book is written by two highly experienced mortgage law practitioners and guides the busy solicitor, barrister and in-house counsel through the essential elements of real property mortgage law in Australia.
The contents of the second edition has been revised and updated to take into account the legislative and case law developments since the first edition was published in 2008.
The contents of the book are structured to flow intuitively in accord with the practical steps required in actual practice. The emphasis in the text is on how to approach real problems in the depth required to deal with the vast majority of cases while providing valuable guidance for further enquiry for more rare factual scenarios.
Topics that dominate mortgage enforcement, such as statutory unjustness defences and External Dispute Resolution complaints are given extensive treatment.
Features
• Written in plain English.
• Ready reference and practical guide to mortgage practice in Australia.
• Extensive treatment of statutory unjustness defences and External Dispute Resolution complaints
Table of contents
- Chapter 1 The Nature of Torrens Mortgage Title
- Chapter 2 Priorities
- Chapter 3 The Power to Mortgage
- Chapter 4 Drafting Mortgages
- Chapter 5 Variation and Assignment
- Chapter 6 Discharge
- Chapter 7 Mortgagees' Rights
- Chapter 8 Mortgagors' Rights
- Chapter 9 Notices
- Chapter 10 External Dispute Resolution
- Chapter 11 Obtaining Possession
- Chapter 12 Equitable Defences
- Chapter 13 Unjustness Defences
- Chapter 14 Power of Sale
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