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When the Bank Comes Knocking: A Mortgagee's Power of Sale and What Default Really Means default guarantees mortgages power of sale property real property act Jul 22, 2026

Borrowing against property is one of the most common transactions in Australia from a family home loan to a multi-million dollar commercial facility. Most of the time the arrangement runs its course without incident. But when a borrower cannot repay, the consequences can be swift and severe: a mor...

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Understanding Mortgagee Responsibilities and Mortgagor Rights in Power of Sale Transactions conveyancing act mortgage power of sale property Jan 08, 2025

When a mortgagee exercises the power of sale over a mortgaged property in New South Wales, they are bound by specific legal obligations to ensure fairness and transparency. Section 111A of the Conveyancing Act 1919 (NSW) codifies these duties, emphasising the mortgagee's responsibility to secure an ...

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What came first - the mortgagee's power of sale, or the owner's alleged sale? caveat conveyancing loan agreements mortgage power of sale property property law real property act supreme court May 16, 2023

The Supreme Court of New South Wales has just handed down its decision dealing with the competing claims of a contract and a caveat - for a residential property at Bradman Road, Menai.

ProLend Solutions No. 123 Pty Ltd v Karout [2023] NSWSC 490 (8 May 2023)

The proceedings were commenced by ProLen...

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This blog provides general information and should not be construed as legal advice. Laws may have changed since the publication of this content. We recommend consulting with a qualified legal professional to ensure compliance with current legislation and to address specific circumstances.