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Mortgagee’s Power of Sale e4

Mortgagee’s Power of Sale e4

By Clyde Croft and Robert Hay

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.

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  • Full 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.

    Features:

    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.

  • About the author

    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 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.

  • Product details

    ISBN: 9780409349412

    Published: 2019

    Format: Hardcover

  • 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

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