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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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
- 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
Table of contents
- Nature of Mortgages
- Source of the Power of Sale
- Conditions Precedent to the Exercise of the Power of Sale
- The Mortgagee’s Right to Possession of the Mortgaged Land
- Recovery of Possession of the Mortgaged Property
- The Exercise of the Power of Sale
- The Mortgagee’s Duty in Exercising the Power of Sale –General Principles
- The Mortgagee’s Duty in Exercising the Power of Sale –Application of the General Principles
- Permitted Purchasers
- Protection of the Purchaser
- The Mortgagor
- Distribution of the Proceed of Sale - General Law Land
- Distribution of the Proceeds of Sale - Registered Land
Essential Guide to Mortgage Law in Australia, 2nd EditionAUD$ 219.00
Commercial Tenancy Law, 4th edition (Cased)AUD$ 352.00
Brooking on Building Contracts, 5th editionAUD$ 276.00
Fisher & Lightwood's Law of Mortgage, 3rd EditionAUD$ 339.00
Avoiding Mortgage Fraud in Australia: Toolkit for Mortgage ProfessionalsAUD$ 109.00