Mortgagee's Power of Sale, 3rd Edition | 2012

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Mortgagee's Power of Sale, 3rd Edition

Author Clyde Croft, Robert Hay
Publication Date December 2012
ISBN 9780409327069
Format Hardcover
Publisher LexisNexis Australia


The third edition of The Mortgagee's Right of Sale covers the law and practise of the mortgagee's power of sale for both Torrens Title and general law. The application of clear explanations of principles and legislation through cases in practise is described.

This work discusses issues such as the power becoming exercisable, the manner of its exercise, the mortgagee's duty to the mortgagor and others, priorities issues, and the distribution of the proceeds of sale, using a transactional approach to provide the reader with an overview as well as a comprehensive treatment of each aspect of the mortgagee's sale.

There are also cross-references to the text and user-friendly precedents of mortgagee's notices, court filings, and other documents.

TABLE OF CONTENTS of Mortgagee's Power of Sale, 3rd Edition

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

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