The Law of Real Property Mortgages
Federation Press (Verlag)
978-1-86287-939-3 (ISBN)
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This book examines the principles and practice of real estate mortgages in an easily accessible text referenced to all the Australian States. It specifically deals with the major theoretical and practical aspects of the land mortgage, including vitiating factors in formation, mortgagees' powers and duties and mortgagors' rights - both statutory and other - as well as assignment, insurance and discharge.
It focuses exclusively on real estate mortgages and provides a thorough account of the law through analysis of the plethora of court decisions and statutory provisions in this area. Duncan and Dixon analyse the substance of the mortgage transaction from creation through to rights of enforcement.
In its detailed consideration of the rights and obligations of mortgagors and mortgagees, it covers topics such as priorities and tacking, insurance, variation and assignment, rights of discharge, entry into possession, foreclosure and power of sale. In addition, the book contains a separate chapter on factors that may affect the validity and enforcement of a mortgage, together with separate consideration of a mortgagee's right to enforce a guarantee provided on behalf of a mortgagor, and the rights and liabilities associated with a receivership regime initiated by a mortgagee.
Key changes in this edition concern:
the effects of the Personal Property Securities Act 2009 (Cth) on priorities between mortgagees and security interest holders with respect to fixtures;
the impact of the National Consumer Credit Protection Act 2009 (Cth) and the National Credit Code, and the new ASIC Act provisions relating to unfair contracts;
the numerous recent decisions on forged mortgages;
statutory changes in New South Wales and Queensland with respect to the execution of mortgages and mortgagees' obligations when exercising power of sale;
additional material on "all monies" clauses.
Professor Bill Duncan, LLB(Qld), LLM(Lond), Solicitor Queensland is a Professor in the Faculty of Law, Queensland University of Technology and consultant to Allens Arthur Robinson Solicitors. Professor Duncan has practised , published and lectured extensively in all aspects of property transactions including land contracts, commercial leasing and land mortgages and allied subjects since 1970. Dr Bill Dixon, B Econ LLB (Hons) Qld LLM SJD QUT, Legal Practitioner, Queensland is a lecturer in the Faculty of Law, Queensland University of Technology. Dr Dixon has practised, published and lectured in property law, contract law and land mortgages. Dr Dixon is a member of the Queensland Property Law Specialist Accreditation Advisory Committee, the Queensland Law Society Property and Development Law Committee and the Australian Property Law Committee of the Law Council of Australia.
Part I - Introduction The Torrens System Mortgage Part II - Formation of a Torrens Mortgage 1. Execution of a Mortgage Factors 2. Vitiating Validity or Enforcement of Mortgage Part III - Rights and Obligations of Mortgagor and Mortgagee 3. Rights of Mortgagor 4. Priorities and Tacking 5. Insurance 6. Variation and Assignment of Mortgages 7. Discharge of Mortgage Part IV - Mortgagee's Remedies on Mortgagor's Default 8. Entry into Possession and Foreclosure 9. Exercise of Power of Sale 10. Receivership Part V - Concurrent Remedy on Mortgagor's Default 11. Guarantees.
| Erscheint lt. Verlag | 8.10.2013 |
|---|---|
| Verlagsort | Annandale, NSW |
| Sprache | englisch |
| Maße | 156 x 234 mm |
| Gewicht | 1002 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Sachenrecht | |
| ISBN-10 | 1-86287-939-7 / 1862879397 |
| ISBN-13 | 978-1-86287-939-3 / 9781862879393 |
| Zustand | Neuware |
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