How can I have a mortgage discharged if the lender has been wound up?

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noreply@blogger.com (William Stark)

In an unusual case, the Supreme Court of Victoria was called upon to order the discharge of 2 mortgages in circumstances where one of the mortgagees had been liquidated, and subsequently deregistered. The other mortgagee had become a bank but did not have records dating back over 30 years ago. 

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Are there any more recent cases about a mortgagee's duty of good faith in selling real estate?

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noreply@blogger.com (William Stark)

With interest rates continuing to rise in late 2023, it seems that we are likely to see more mortgagees taking steps to realise mortgaged property. 

On 2 June 2021, I posted about a Queensland decision (HSBC Bank Australia Ltd v Wang & Ors [2021] QSC 58) rejecting criticism of a mortgagee’s conduct of

Are there any recent cases about a mortgagee's duty under section 420A of the Corporations Act when exercising their power of sale during the pandemic?

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noreply@blogger.com (William Stark)

Readers will recall that I posted about a Queensland decision that dealt with a mortgagee exercising its power of sale during the pandemic (see here: https://melbournepropertylaw.blogspot.com/2021/06/are-there-any-recent-cases-about.html). 

Yesterday, I posted about the Supreme Court of Victoria dealing with a similar scenario (see: https://melbournepropertylaw.blogspot.com/2023/01/are-there-any-recent-victorian-cases.html). 

In Manda Capital Holdings Pty Ltd v PEC Portfolio Springvale Pty Ltd [2022] VSC

Are there any recent Victorian cases about a mortgagee's duty of good faith in selling in a pandemic?

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noreply@blogger.com (William Stark)

Further to my post (see: https://melbournepropertylaw.blogspot.com/2021/06/are-there-any-recent-cases-about.html) about a decision of the Supreme Court of Queensland about a mortgagee’s duty of good faith in selling in a pandemic, the Supreme Court of Victoria has now had to deal with the same issue. 

Matthews As J in 230V Harvest Home Road Pty Ltd

Are there any recent cases about a mortgagee's duty of good faith in selling secured property in pandemic times?

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noreply@blogger.com (William Stark)

The Supreme Court of Queensland (Holmes CJ) has recently considered the duty of a mortgagee in selling a secured property in uncertain economic times (ie during a pandemic). In HSBC Bank Australia Ltd v Wang & Ors [2021] QSC 58, the Court considered an application to remove a caveat lodged by

What happens if I lodge a caveat over the title to real estate in Victoria when I do not have a caveatable interest?

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noreply@blogger.com (William Stark)

A caveat is an instrument that protects an unregistrable legal or equitable interest in real property. The caveat is a notice to the public that the person lodging the caveat (the caveator) holds an unregistered interest in the property, and provides details of the interest claimed. The caveat prevents the registration of

Who is responsible when external cladding fails in an apartment tower during a fire?

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noreply@blogger.com (William Stark)

In early 2019, in a judgment that ran to 647 paragraphs, County Court Judge Woodward, sitting as a Vice President at VCAT, had to deal with a claim following a fire at a residential tower in Melbourne that occurred due to faulty cladding (see: Owners Corporation No.1 of PS613436T v LU Simon Builders

New edition of ‘Mortgagee’s Power of Sale’ published

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ROBERT HAY QC COMMERCIAL LAW BARRISTER

The latest edition of The Mortgagee’s Power of Sale has been published by LexisNexis  Now in its fourth edition this book started life in 1980. The book is primarily written for practitioners and the text is arranged, as far as possible, in the same chronological order as the steps a mortgagee may take in

What is the doctrine of marshalling?

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noreply@blogger.com (William Stark)

In my post dated 12 April 2013 (see: https://melbournepropertylaw.blogspot.com/2013/04/are-there-any-recent-decisions-about_12.html), I discussed the doctrine of marshalling and its potential impact in modern lending law. 

Another example of the relevance of the doctrine of marshalling arose in the May 2019 Court of Appeal decision in Burness (in their capacity as trustees of the bankrupt estate

When will the registration of my security interest under the Personal Property Securities Act 2009 expire?

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noreply@blogger.com (William Stark)

The Personal Property Securities Register (“PPSR”) commenced operation on 30 January 2012. 

A large number of securities registered under that Act by financiers were for 7 years. 

As a result, there will be a significant number of registered security interests automatically expiring on 30 January 2019.

Any security holder should be reviewing their registrations