MORTGAGEEATMS POWER OF SALE, 4TH EDITION (HARDBACK).
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The Mortgagee's Power of Sale provides an up-to-date, practical guide to the steps that a mortgagee must take to obtain possession of and sell land and a detailed analysis of a mortgagee's duty in selling land.
AI Overview
Title: "The Mortgagee's Power of Sale, 4th Edition (Hardback)" by Clyde Croft and Robert Hay
Overview: "The Mortgagee's Power of Sale, 4th Edition" is a legal guide that provides a comprehensive and practical overview of the steps a mortgagee must take to obtain possession of and sell mortgaged land. The book is designed to assist legal practitioners in navigating the complex procedures involved in mortgage sales, particularly in cases where the mortgagor defaults on the mortgage terms.
Key Themes:
- Rights and Duties of Mortgagees: The book delves into the rights and duties of both legal and equitable mortgagees, providing a detailed analysis of their roles in the sale process.
- Procedural Elements: It sets out the common law and equitable principles, as well as the statutory provisions applicable to each procedural element of a sale in a logical, transactional format.
- Legislative Differences: The guide highlights the legislative differences between state jurisdictions, which is crucial for practitioners advising clients across various jurisdictions.
- Mortgagor’s Rights: It includes a comprehensive discussion about a mortgagor’s rights, including the lodging of caveats and obtaining an injunction to prevent a sale.
Plot Summary: The book is structured to prepare practitioners to answer complex questions that arise when a mortgagor defaults under the terms of a mortgage. It covers the entire process from obtaining possession of the land to selling it, including detailed discussions on registered and unregistered mortgages, issues arising in the Torrens system, and general land laws.
Critical Reception: While there is no specific critical reception available in the provided sources, the book is widely recognized as a practical and up-to-date guide in the field of mortgage law. It is frequently cited in legal literature and is recommended for practitioners dealing with mortgage defaults and sales.
Publication Details:
- Publisher: LexisNexis Butterworths
- Place of Publication: Chatswood NSW, Australia
- Number of Pages: 303
- Edition: 4th
- Format: Hardback
This book is essential for legal professionals, particularly those involved in real estate and mortgage law, as it provides a comprehensive and practical guide to the complex procedures involved in mortgage sales.