Some of my readers have suggested that this blog has quiet of late. The reason is that I have had a deadline to complete the new book which I had to the privilege to work with two brilliant legal minds who were co-authors - and we have been collaborating to finish the 3rd Edition of 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. T
he 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. W
hile 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 the launch in January 2013.
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