This book examines the principles and practice of real estate mortgages in an easily accessible text referenced to all the Australian States. As a successor to Mortgages Law in Australia, this book adopts an exclusive focus on real estate mortgages in Australia and provides a very 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. This analysis includes detailed consideration of the rights and obligations of both 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. There is also a separate consideration of a mortgagee’s right to enforce a guarantee provided on behalf of a mortgagor and of the rights and liabilities associated with a receivership regime initiated by a mortgagee.

There is detailed statutory referencing and extensive case analysis throughout to ensure the book meets its two primary objectives: to enable readers to decide whether or not they have a problem and, if they have, to provide primary guidance to its solution.

Summary Table of Contents

Preface
Table of Cases
Table of Statutes

PART ONE: INTRODUCTION
CHAPTER 1: The Torrens System Mortgage

PART TWO: FORMATION OF A TORRENS MORTGAGE
CHAPTER 2: Execution of Mortgage
CHAPTER 3: Factors Vitiating Validity or Enforcement of Mortgage

PART THREE: RIGHTS AND OBLIGATIONS OF MORTGAGOR AND MORTGAGEE
CHAPTER 4: Rights of Mortgagor
CHAPTER 5: Priorities and Tacking
CHAPTER 6: Insurance
CHAPTER 7: Variation and Assignment of Mortgages
CHAPTER 8: Discharge of Mortgage

PART FOUR: MORTGAGEE'S REMEDIES ON MORTGAGOR'S DEFAULT
CHAPTER 9: Entry into Possession and Foreclosure
CHAPTER 10: Exercise of Power of Sale
CHAPTER 11: Receivership

PART FIVE: CONCURRENT REMEDY ON MORTGAGOR'S DEFAULT
CHAPTER 12: Guarantees

Index