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. It specifically deals with the major theoretical and practical aspects of the land mortgage including vitiating factors in formation, mortgagees powers and duties and mortgagors’ rights both statutory and other, assignment, insurance and discharge. As a successor to Mortgages Law in Australia, this book adopts an exclusive focus on real estate mortgages in Australia and provides a thorough account of the law through analysis of the plethora of court decisions and statutory provisions in this area. 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 covering topics such as priorities and tacking, insurance, variation and assignment, rights of discharge, entry into possession, foreclosure and power of sale. In addition, the book contains a separate chapter on factors that may affect the validity and enforcement of a mortgage together with separate consideration of a mortgagee’s right to enforce a guarantee provided on behalf of a mortgagor and the rights and liabilities associated with a receivership regime initiated by a mortgagee. Written for the national market, the book is one of the few substantial works on this subject for practitioners throughout Australia. It is a very accessible text which enables readers to decide whether or not they have a problem and provides primary guidance to its solution. The book has been deliberately, heavily referenced to incorporate statutory references from across Australia and contains extensive case analysis in order to satisfy both these objectives.

Mortgages and insolvency

With an amalgam of statutory and common law duties, great care has always been required when considering the obligations of either mortgagees or receivers when exercising power of sale. Unfortunately, that position has only become more complicated with the enactment of the Property Law (Mortgagor Protection) Amendment Act 2008 (Qld).

The Law of Real Property Mortgages [2nd. Ed.]

This book examines the principles and practice of real estate mortgages in an easily accessible text referenced to all the Australian States. It specifically deals with the major theoretical and practical aspects of the land mortgage, including vitiating factors in formation, mortgagees’ powers and duties and mortgagors’ rights – both statutory and other – as well as assignment, insurance and discharge. It focuses exclusively on real estate mortgages and provides a thorough account of the law through analysis of the plethora of court decisions and statutory provisions in this area. Duncan and Dixon analyse the substance of the mortgage transaction from creation through to rights of enforcement. In its detailed consideration of the rights and obligations of 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. In addition, the book contains a separate chapter on factors that may affect the validity and enforcement of a mortgage, together with separate consideration of a mortgagee’s right to enforce a guarantee provided on behalf of a mortgagor, and the rights and liabilities associated with a receivership regime initiated by

St. Catharines documents including mortgages, wills and declarations, 1871-1914 (not inclusive)

Most of these documents refer to a tract of land located on the intersection of King and Court Streets (part of the Lawrie plan) and Carter properties in St. Catharines Ontario. The Security Loan and Savings Company of St. Catharines existed between 1870 and 1906. Thomas Rodman Merritt was the president.

Payment for the Atkins and Schmidt accounts from Jarvis, Conklin and Morgan Negotiators of Farm Mortgages

Payment for the Atkins and Schmidt accounts from Jarvis, Conklin and Morgan Negotiators of Farm Mortgages, Dec. 29, 1884.

Letter to S.D. Woodruff from Jarvis, Conklin and Morgan Farm Mortgages

Letter to S.D. Woodruff to acknowledge the sending of Crew and Mauk papers signed Jarvis, Conklin and Co., April 15, 1885.

Letter to S.D. Woodruff from Jarvis, Conklin and Morgan Farm Mortgages

Letter to S.D. Woodruff which accompanied Crick documents. It is signed Jarvis, Conklin and Morgan Farm Mortgages, April 18, 1885.

Letter to S.D. Woodruff from Jarvis, Conklin and Morgan Farm Mortgages

Letter to S.D. Woodruff which accompanied the Underwood abstract. It is signed Jarvis, Conklin and Morgan, May 4, 1885.

List (4 pages, handwritten) of titles on the Sarnia Branch subject to mortgages

List (4 pages, handwritten) of titles on the Sarnia Branch subject to mortgages, n.d.

Mortgages and bonds: the asset management practices of Australian life insurers to 1960

Recent studies of the experience of the British life insurance industry indicate that a period of transition, and the development of more diversified investment strategies, began in the interwar period. Australian life insurers lagged behind their British counterparts in the introduction of such strategies. This paper investigates why this was the case. It argues that in the Australian market there was both a lack of opportunity and incentive to broaden asset portfolios. However, this did not mean that asset management practices did not advance. Australian life offices became progressively more sophisticated in their approach to portfolio management during this period. Developments in the interwar period provided a grounding for post-war expansion into the equity market.