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Fisher & Lightwood's Law of Mortgage, 3rd Edition
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Fisher & Lightwood's Law of Mortgage, 3rd Edition

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Overview
Published Dec 2013 (LexisNexis)
ISBN: 9780409332599. Soft Cover.
Description

Tyler, E; Young, P; Croft, C

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.

Features

• Up to date case law analysis 
• Essential text on Australian mortgages and securities 
• The text is written in plain English, explaining difficult legal concepts clearly.

Introduction

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

Tyler, E L G

Professor Edward (Ted) Tyler is currently a Senior Assistant Law Officer, Commercial III, Civil Division, Department of Justice, HKSARG. When Professor Tyler started at the Bar in Liverpool, England, in 1963 young barristers were advised to write or edit a book. Professor Tyler chose Fisher and Lightwood, then in its pre-war 7th edition. Butterworths were not keen at first, until John Taylor, Solicitor for the Bradford and Bingley Building Society, also suggested a new edition. Professor Tyler authored the 8th, 9th and 10th editions of the English text. Then, in the early 1990s, by which time Professor Tyler had returned to Australia, but was working in Hong Kong, Justice Peter Young proposed an Australian edition of the book.

Young, P W

The Hon. Peter Young AO is a former Judge of Appeal in the Supreme Court of New South Wales. Prior to 2001, he served as Justice of the Equity Division until 2009, when he was appointed Chief Judge of Equity. Mr Justice Young was admitted to the NSW Bar in 1963. He took silk in 1978.

Croft, C E

The Hon. Justice Clyde Croft was appointed as a judge of the Supreme Court of Victoria in 2009. Prior to his appointment, Justice Croft was long recognised as an authority on property law and is known to have amassed an extensive and impressive property law library. Most recently His Honour served as a member of the Expert Consultative Committee for the recent review of property law by the Victorian Law Reform Commission.

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