Archive for September, 2012
The Mortgagee’s Power Sale out soon
Posted by ROBERT HAY QC COMMERCIAL LAW BARRISTER in Uncategorized on September 5, 2012
Some of you have suggested that this blog has been too quiet of late. There has been a good reason for that – I have been busy finishing the The Mortgagee’s Power of Sale. Clyde Croft (now The Honourable Justice Croft) wrote the first edition, was co-author of the second edition and is co-author of the 3rd edition. The Mortgagee’s Power of Sale will provide 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. Registered and unregistered mortgages are considered together with the different issues that arise when considering Torrens system and general land. There is also a comprehensive discussion about a mortgagor’s rights including the lodging of caveats and obtaining an injunction t0 prevent a sale. While maintaining its practical emphasis the book considers recent significant decisions such as Bofinger v Kingsway Group, MBF v Nolan Ltd and Residential Housing Corporation v Esber. The book is likely to be published in late November.