The Mortgagee’s Power of Sale, 4th edition

The Mortgagee’s Power of Sale 4th edition is a quick and concise guide to the rights and duties of legal and equitable mortgagees

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ISBN/ISSN: 9780409349412
Release Date: September 01, 2019
In Stock
AUD$ 294.00
ISBN/ISSN: 9780409349429
Release Date: September 01, 2019
AUD$ 294.00

Product description

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.


  • 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

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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 Exercise of the Power of Sale

  7. The Mortgagee’s Duty in Exercising the Power of Sale –General Principles

  8. The Mortgagee’s Duty in Exercising the Power of Sale –Application of the General Principles

  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