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

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

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AUD$ 299.00
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ISBN/ISSN: 9780409332599

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

Table of contents

Introduction


Part I - Mortgages and Charges

  1. Mortgages and Other Securities Generally

  2. Charges and Liens

  3. Mortgages of Land at Common Law

  4. Mortgages of Torrens System Land

  5. Security Interests over Personal Property covered by the PPSA

  6. Mortgages of Things in Action

  7. Statutory Charges and judgments

  8. Debentures

  9. Special Securities

  10. Second and Subsequent Mortgages


Part II - Parties to Mortgages

  1. Parties to Mortgages


Part III - The Mortgagor's Rights

  1. Mortgagor's Rights


Part IV - Void or Imperfect Securities

  1. Void or Imperfect Securities


Part V - Transfer and Devolution of Mortgages

  1. Transfer and Devolution of Mortgages

  2. Sub-mortgages


Part VI - The Mortgagee's Remedies

  1. The Mortgagee's Remedies 

  2. The Personal Remedy

  3. The Appointment of a Receiver 

  4. The Mortgagee's Right to Possession

  5. The Mortgagee's Power of Sale 

  6. Foreclosure and Judicial Sale 

  7. Procedure on Foreclosure

  8. Insolvency of Mortgagor


Part VII - Priorities of Mortgages

  1. Priorities of Mortgages

  2. Tacking Further Advances

  3. Priority by Notice to Trustees 

  4. Effect of Registration of Deeds

  5. Effect of the Torrens System


Part VIII - Incidence of the Mortgage Debt

  1. Accounts

  2. Incidence as Between Different Properties

  3. Consolidation


Part IX - Discharge of the Mortgage

  1. Redemption

  2. Redemption Proceedings

  3. The Release of the Debt or Security

  4. Waiver and Allied Concepts

  5. Merger

  6. Destruction or Loss of the Property

  7. Discharge or Modification by Statute


Part X - Accounts and Costs

  1. Accounts

  2. Costs