Caveating a mortgagee sale - The need for a uniform approach

Dixon, Bill (2014) Caveating a mortgagee sale - The need for a uniform approach. Australian Property Law Journal, 23, pp. 83-91.


The ability of a mortgagor to lodge a caveat, where an allegation is raised of serious impropriety by a mortgagee in exercising power of sale, may be a critical protective tool for a mortgagor. The mortgagor’s capacity, as caveator, to lodge a caveat over the mortgagor’s own title and the nature of the interest necessary to support the caveat are contentious issues. This article examines the different judicial approaches that have been adopted to date and states a case for a uniform approach to this issue across Australia in the future.

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ID Code: 79350
Item Type: Journal Article
Refereed: Yes
Additional URLs:
ISSN: 1038-5959
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Property Law (excl. Intellectual Property Law) (180124)
Divisions: Current > Research Centres > Commercial & Property Law Research Centre
Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2014 LexisNexis
Deposited On: 10 Dec 2014 22:50
Last Modified: 12 Dec 2014 00:21

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