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Mortgagee's Power of Sale, 3rd Edition

Mortgagee's Power of Sale, 3rd Edition

Author: Clyde E. Croft; Robert Hay
Publisher: LexisNexis Australia
ISBN: 9780409327069
Published In: December 2012
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

Now in its 3rd edition, The Mortgagee's Power of Sale provides an up-to-date, practical guide to the steps that a mortgagee must take to obtain possession of and sell land and a detailed analysis of a mortgagee's duty in selling land. Registered and unregistered mortgages are considered together with the different issues that arise when considering 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. While maintaining its practical emphasis, the book considers recent significant decisions such as Bofinger v Kingsway Group, MBF v Nolan Ltd and Residential Housing Corporation v Esber.

Features

1. Practical step by step guide for mortgagees seeking to obtain possession of and sell land.
2. Detailed consideration of a mortgagee's duties in selling land.
3. Comprehensive consideration of the differences between registered and unregistered mortgages and Torrens system and general law land.
4. Up to date case law analysis

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 Excercise of the Power of Sale
7. The Mortgagee's Duty in Excercising the Power of Sale: General Principals
8. The Mortgagee's Duty in Excercising the Power of Sale: Application of the General Principals
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

Clyde E. Croft

The Hon. Justice Clyde Croft was appointed as a judge of the Supreme Court of Victoria in 2009. Prior to his appointment, Justice Croft was long recognised as an authority on property law and is known to have amassed an extensive and impressive property law library. Most recently His Honour served as a member of the Expert Consultative Committee for the recent review of property law by the Victorian Law Reform Commission.

Robert Hay

Robert Hay is a property and commercial 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.