Fisher & Lightwood's Law of Mortgage, 3rd Edition

Fisher & Lightwood's has been the most detailed and comprehensive book on mortgages.

by ELG Tyler (Author) , The Honourable Peter Young (Author) , Clyde Croft (Author)

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Book:Hardback
ISBN/ISSN: 9780409332599
Release Date: December 01, 2013
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AUD$ 339.00
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eBook:ePub
ISBN/ISSN: 9780409332605
Release Date: December 01, 2013
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Product description

Fisher & Lightwood's has been the most detailed and comprehensive book on mortgages. It was first published in 1856 and has gone into 13 editions in England. The first Australian edition was published in 1995 and has become the leading Australian work on mortgages. It not only takes from the English edition all the comprehensive work but also thoroughly considers mortgages under the torrens system and securities that exist over various unique types of property that exist in Australia.

The third Australian edition now comes 8 years after the previous edition. It not only deals with new legislation such as the Personal Property Securities Law, but also includes examination of the many cases decided in the last eight years including the significant number on forged mortgages under the Torrens System.

Features

• Up to date case law analysis 
• Essential text on Australian mortgages and securities 
• The text is written in plain English, explaining difficult legal concepts clearly.

Related LexisNexis Titles

Bransgrove and Young, The Essential Guide to Mortgage Law in Australia, 2nd edition 2013
Croft and Hay, The Mortgagee's Power of Sale, 3rd edition, 2012
Young, Cahill and Newton, LNAA: Annotated Conveyancing and Real Property Legislation NSW, 2012-2013

 

Featured Authors

ELG Tyler
The Honourable Peter Young
Clyde Croft

Former Professor of Law at The University of Hong Kong and The City University of Hong Kong, District Judge Hong Kong, Senior Assistant Law Officer, Commercial III (Companies Ordinance Rewrite team), Department of Justice HKSARG ELG Tyler

Professor Edward (Ted) Tyler is currently a Senior Assistant Law Officer, Commercial III, Civil Division, Department of Justice, HKSARG. When Professor Tyler started at the Bar in Liverpool, England, in 1963 young barristers were advised to write or edit a book. Professor Tyler chose Fisher and Lightwood, then in its pre-war 7th edition. Butterworths were not keen at first, until John Taylor, Solicitor for the Bradford and Bingley Building Society, also suggested a new edition. Professor Tyler authored the 8th, 9th and 10th editions of the English text. Then, in the early 1990s, by which time Professor Tyler had returned to Australia, but was working in Hong Kong, Justice Peter Young proposed an Australian edition of the book.

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The Honourable The Honourable Peter Young

The Honourable Peter Young AO is a former Judge of Appeal in the Supreme Court of New South Wales. He served as Chief Justice of the Equity Division from 2001 until 2009. He was admitted to the New South Wales Bar in 1963 and was appointed a Queens Counsel in 1978.

View all books by The Honourable Peter Young (1)

Clyde Croft

Clyde Croft AM SC was formerly a Judge of the Supreme Court of Victoria and Judge in Charge of the Arbitration List. He is now a Reserve Judge of that Court, an Independent Arbitrator and Mediator and a Professor in the Faculty of Law, Monash University.

View all books by Clyde Croft (6)

Table of contents

Introduction

 Part I - Mortgages and Charges
 

     
  1. Mortgages and Other Securities Generally

    2.  
  2. Charges and Liens

    3.  
  3. Mortgages of Land at Common Law

    4.  
  4. Mortgages of Torrens System Land

    5.  
  5. Security Interests over Personal Property covered by the PPSA

    6.  
  6. Mortgages of Things in Action

    7.  
  7. Statutory Charges and judgments

    8.  
  8. Debentures

    9.  
  9. Special Securities

    10.  
  10. Second and Subsequent Mortgages

    11.  

 Part II - Parties to Mortgages
 

     
  1. Parties to Mortgages

    2.  

 Part III - The Mortgagor's Rights
 

     
  1. Mortgagor's Rights

    2.  

 Part IV - Void or Imperfect Securities
 

     
  1. Void or Imperfect Securities

    2.  

 Part V - Transfer and Devolution of Mortgages
 

     
  1. Transfer and Devolution of Mortgages

    2.  
  2. Sub-mortgages

    3.  

 Part VI - The Mortgagee's Remedies
 

     
  1. The Mortgagee's Remedies 

    2.  
  2. The Personal Remedy

    3.  
  3. The Appointment of a Receiver 

    4.  
  4. The Mortgagee's Right to Possession

    5.  
  5. The Mortgagee's Power of Sale 

    6.  
  6. Foreclosure and Judicial Sale 

    7.  
  7. Procedure on Foreclosure

    8.  
  8. Insolvency of Mortgagor

    9.  

 Part VII - Priorities of Mortgages
 

     
  1. Priorities of Mortgages

    2.  
  2. Tacking Further Advances

    3.  
  3. Priority by Notice to Trustees 

    4.  
  4. Effect of Registration of Deeds

    5.  
  5. Effect of the Torrens System

    6.  

 Part VIII - Incidence of the Mortgage Debt
 

     
  1. Accounts

    2.  
  2. Incidence as Between Different Properties

    3.  
  3. Consolidation

    4.  

 Part IX - Discharge of the Mortgage
 

     
  1. Redemption

    2.  
  2. Redemption Proceedings

    3.  
  3. The Release of the Debt or Security

    4.  
  4. Waiver and Allied Concepts

    5.  
  5. Merger

    6.  
  6. Destruction or Loss of the Property

    7.  
  7. Discharge or Modification by Statute

    8.  

 Part X - Accounts and Costs
 

     
  1. Accounts

    2.  
  2. Costs

    3.
 

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