Mortgages

  • The Honourable Justice Croft, Robert Hay KC and Brett Harding of counsel will be the authors of the new edition of the leading text on mortgages in Australia, Fisher & Lightwood’s Law of Mortgage. The publisher is LexisNexis. The 3rd editor was published in 2014. The publication date has not yet been determined.

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  • The latest edition of The Mortgagee’s Power of Sale has been published by LexisNexis.   Now in its fourth edition this book started life in 1980. The book is primarily written for practitioners and the text is arranged, as far as possible, in the same chronological order as the steps a mortgagee may take in selling mortgaged property under the

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  • There have been many cases about whether a mortgage procured by fraud secured any money in circumstances where the mortgagee is innocent of the fraud. The latest case is Perpetual Trustees Victoria Limited v Xiao Hui Ying [2015] VSC 21 (Ying) where Hargrave J refused to follow the Victorian decision of Solak v Bank of

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  •   There is a translation key(widget)  on this blog for ease of reading for non-English speaking members of the public or professionals. http://roberthaybarrister.blogspot.com.au/   Defaulting mortgagor borrowers defending court proceedings by the mortgagee lender often allege that the lender owed them a duty to investigate their income and assets and liabilities to determine whether the

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  • Bill Stark has posted an interesting article on his blog about a case concerning a defaulting mortgagor’s last minute unsuccessful attempt to prevent the sale of the mortgaged land. See: Melbourne Property Law Blog.  Attempts by mortgagors to prevent  sales proceeding are rarely successful and the price for an injunction preventing a sale proceeding is usually

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  • There is a translation key (widget) on the mirrored blog for ease of reading for non-English speaking members of the public or professionals. The mirrored blog can be found at http://roberthaybarrister.blogspot.com.au/   Section 76(1) of the Transfer of Land  Act 1958  sets out the procedure to be followed by a mortgagee in the case of default in

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  • A new Australian edition of Fisher & Lightwood’s Law of Mortgage has just been published by LexisNexis. This is the third Australian edition of the classic English text. The authors of the three Australian editions  have been Professor E.Tyler, the Honourable Justice Peter Young and the Honourable Justice Clyde Croft.  The first English edition (called

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  • The latest edition of The Mortgagee’s Power of Sale has been published.  Now in its third edition this book started life in 1980. The book is primarily written for practitioners and the text is arranged, as far as possible, in the same chronological order as the steps a mortgagee may take in selling mortgaged property under the power

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