Fisher and Lightwood's Law of Mortgage
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By: Edward Lawson Griffin Tyler, P. W. Young, Clyde Croft
Maintaining the high standards of the classic English text, this second Australian edition is thoroughly revised to take into account the legislative and case law movement in the Australian market since the first Australian edition in 1995. In particular, this edition has greater emphasis on the Torrens system when dealing with mortgages of real property. Including detailed text on all aspects of mortgages of both real and personal property, it also includes materials on liens, mortgage by deposit, bills of sale legislation in various states, slip mortgages, avoiding conduct, limitations of actions in various states, and mortgagees in possession.
AI Overview
The book "Fisher and Lightwood's Law of Mortgage" is a comprehensive legal text that has been a leading authority in the field of mortgage law for over a century. Here is a detailed overview of the book:
Key Themes and Coverage
- Mortgages and Charges: The book covers all aspects of mortgages and charges, including their definitions, creation, and types.
- Parties to Mortgages: It discusses the roles and responsibilities of the parties involved in a mortgage transaction, such as the mortgagor, mortgagee, and any other interested parties.
- Void or Imperfect Securities: The text examines the conditions under which a mortgage might be considered void or imperfect, including issues related to registration and compliance with legal requirements.
- Transfer and Devolution of Mortgages: It provides detailed guidance on the transfer of mortgages, including the procedures and legal implications involved.
- Mortgagee's Remedies: The book outlines the various remedies available to a mortgagee in case of default or other breaches by the mortgagor.
- Priorities of Mortgages: It addresses the priority rules that govern the order in which mortgages are satisfied in the event of multiple claims on the same property.
- Incidence of the Mortgage Debt: The text explores the legal and practical implications of the mortgage debt, including issues related to interest, repayment, and default.
- Discharge of the Mortgage: It covers the procedures for discharging a mortgage, including the steps required to formally release the mortgage.
- Accounts and Costs: The book discusses the accounting and cost implications associated with mortgages, including the allocation of costs and the preparation of accounts.
Editions and Updates
The book has gone through multiple editions, with the most recent being the 15th edition. This edition has been fully updated to reflect changes in the law since the last publication, including:
- New Company Charges Regime: The book covers the new company charges regime introduced by the Companies Act 2006 (Amendment of Part 25) Regulations 2013.
- Case Law Developments: It incorporates numerous case law developments that have shaped the law of mortgages.
- Regulatory Material: The text includes updates on regulatory material relevant to mortgage law.
Critical Reception
While specific reviews of the book by Edward Lawson Griffin Tyler, P. W. Young, and Clyde Croft are not readily available, the book is widely regarded as a leading text in its field. The 15th edition has been praised for its comprehensive coverage and thorough updates, making it a valuable resource for practitioners and students of mortgage law.
Authors
The authors of the book are not specified in the provided sources as Edward Lawson Griffin Tyler, P. W. Young, and Clyde Croft. The actual authors of the 15th edition are Wayne Clark and Justice Morgan, as mentioned in the LexisNexis UK source.
Publisher and Availability
The book is published by Butterworths and is available through various legal bookstores such as LexisNexis UK, LegalBooks.ie, and Wildy.