Fisher and Lightwood’s Law of Mortgage Third Australian Edition by Edward Lawson Griffin Tyler, Peter Wolstenholme Young, Clyde Croft ISBN 0409332593 9780409332599

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Product details:

ISBN 10: 0409332593

ISBN 13: 9780409332599 

Author: Edward Lawson Griffin Tyler, Peter Wolstenholme Young, Clyde Croft 

Fisher & Lightwood’s has been the most detailed and comprehensive book on mortgages. It was first publuished in 1856 and has gone into 13 editions in England.

The first Australian edition was published in 1995 and has become the leading Australian work on mortgages. It not only takes from the English edition all the comprehensive work but also thoroughly considers mortgages under the torrens system and securities that exist over various unique types of property that exist in Australia.

The third Australian edition now comes 8 years after the previous edition. It not only deals with new legislation such as the Personal Property Securities Law, but also includes examination of the many cases decided in the last eight years including the significant number on forged mortgages under the Torrens System.

Table of contents:

Part I – Mortgages and Charges
1. Mortgages and Other Securities Generally
2. Charges and Liens
3. Mortgages of Land at Common Law
4. Mortgages of Torrens System Land
5. Security Interests over Personal Property covered by the PPSA
6. Mortgages of Things in Action
7. Statutory Charges and judgments
8. Debentures
9. Special Securities
10. Second and Subsequent Mortgages

Part II – Parties to Mortgages
11. Parties to Mortgages

Part III – The Mortgagor’s Rights
12. Mortgagor’s Rights

Part IV – Void or Imperfect Securities
13. Void or Imperfect Securities

Part V – Transfer and Devolution of Mortgages
14. Transfer and Devolution of Mortgages
15. Sub-mortgages

Part VI – The Mortgagee’s Remedies
16. The Mortgagee’s Remedies
17. The Personal Remedy
18. The Appointment of a Receiver
19. The Mortgagee’s Right to Possession
20. The Mortgagee’s Power of Sale
21. Foreclosure and Judicial Sale
22. Procedure on Foreclosure
23. Insolvency of Mortgagor

Part VII – Priorities of Mortgages
24. Priorities of Mortgages
25. Tacking Further Advances
26. Priority by Notice to Trustees
27. Effect of Registration of Deeds
28. Effect of the Torrens System

Part VIII – Incidence of the Mortgage Debt
29. Accounts
30. Incidence as Between Different Properties
31. Consolidation

Part IX – Discharge of the Mortgage
32. Redemption
33. Redemption Proceedings
34. The Release of the Debt or Security
35. Waiver and Allied Concepts
36. Merger
37. Destruction or Loss of the Property
38. Discharge or Modification by Statute

Part X – Accounts and Costs
39. Accounts
40. Costs

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