The Mortgagee’s Power of Sale 4th edition provides an up-to-date, practical guide to the steps that a mortgagee must take to obtain possession of and sell the land and a detailed analysis of a mortgagee’s duty in selling land. Registered and unregistered mortgages are considered together with different issues that arise in 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.
Features
Prepares practitioners to answer complex questions that arise when a mortgagor makes a default under the terms of a mortgage
Sets out the common law and equitable principles as well as the statutory provisions applicable to each procedural element of a sale in a sale in a logical, transactional format
Highlights the legislative differences between the state jurisdictions, assisting those advising clients across jurisdictions
Related Titles
Cremean, Whitten & Sharkey, Brooking on Building Contracts 6th ed, 2019
Croft, Hay and Virgona, Commercial Tenancy Law, 4th ed, 2017
Bransgrove, Avoiding Mortgage Fraud in Australia: Toolkit for Mortgage Professionals, 2015
Tyler, Young and Croft, Fisher & Lightwood’s Law of Mortgage, 3rd ed, 2013
Bransgrove & Young, Essential Gudie to Mortgage Law in Australia 2nd ed, 2013
Robert Hay KC is a commercial and property law barrister practising in Melbourne. He is a member of the Law Institute of Victoria’s Leasing Committee and has published extensively in the area of property law.
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.