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The Law of Real Property Mortgages - W D Duncan

The Law of Real Property Mortgages

Hardcover Published: 4th October 2013
ISBN: 9781862879393
Number Of Pages: 528

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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.

Industry Reviews

Reviews of previous editions: ...there is a good deal of useful material in this work for those who have to deal with Torrens system mortgages from day-to-day. - The Hon Justice P W Young AO, (2008) 82 ALJ 417

Table of CasesTable of Statutes

Part I - Introduction The Torrens System Mortgage

Part II - Formation of a Torrens Mortgage Execution of a Mortgage Factors Vitiating Validity or Enforcement of Mortgage

Part III - Rights and Obligations of Mortgagor and Mortgagee Rights of Mortgagor Priorities and Tacking Insurance Variation and Assignment of MortgagesDischarge of Mortgage

Part IV - Mortgagee's Remedies on Mortgagor's Default Entry into Possession and Foreclosure Exercise of Power of Sale Receivership

Part V - Concurrent Remedy on Mortgagor's Default Guarantees


ISBN: 9781862879393
ISBN-10: 1862879397
Audience: Tertiary; University or College
Format: Hardcover
Language: English
Number Of Pages: 528
Published: 4th October 2013
Country of Publication: AU
Dimensions (cm): 23.5 x 15.9
Weight (kg): 1.0
Edition Number: 2
Edition Type: New edition

Earn 223 Qantas Points
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