The Law of Real Property Mortgages

This book examines the principles and practice of real estate mortgages in an easily accessible text referenced to all the Australian States. 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. 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 guarantees and receivership regimes. 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.