The law of real property mortgages / W. D. Duncan, W. M. Dixon.

Annandale, N.S.W. : Federation Press, 2013.

2nd ed.

84007

Torrens system -- Australia.

Mortgages -- Australia.

Real property -- Australia.

Part I. Chapter 1. Part II. Chapter 2. Chapter 3. Part III. Chapter 4. Chapter 5. Chapter 6. Chapter 7. Chapter 8. Part IV. Chapter 9. Chapter 10. Chapter 11. Part V. Chapter 12. Introduction

The Torrens System mortgage

Formation of a Torrens mortgage

Execution of mortgage

Factors vitiating validity or enforcement of mortgage

Rights and obligations of mortgagor and mortgagee

Rights of mortgagor

Priorities and tacking

Insurance

Variation and assignment of mortgages

Discharge of mortgage

Mortgagee's remedies on mortgagor's default

Entry into possession and foreclosure

Exercise of power of sale

Receivership

Concurrent remedy on mortgagor's default

Guarantees.

This the second edition of this excellent work and it brings up-to-date the first edition which was published in 2007. Much has happened in the intervening years with the occurrence of the Global Financial Crisis and the passing of the National Consumer Credit Protection Act and National Credit Code. The new edition has numerous references to that Act and Code. With the wide variety of statutory provisions which now affect the enforceability of mortgage, the whole of Chapter 3 on factors vitiating mortgages has been re-written. The new edition also takes into account the impact of the Person Property Securities Act on the rights of mortgagees to fixtures.

Table of contents and index are taken from the published work with the permission of the publisher.

Includes bibliographical references and index.

9781862879393

l, 478 p. ; 24 cm