I have just presented a paper entitled "What's hot in mortgage enforcement?" to a mortgage disputes seminar run by Legalwise Seminars.
The paper covers 4 areas:
1. A mortgagee's duty on the sale of land in its possession under section 77 of the Transfer of Land Act, 1958, following MBF v Nolan [2011] VSCA 114;
2. Mortgage fraud; specifically dealing with the Queensland decision in Commonwealth Bank of Australia v Perrin [2011] QSC 274;
3. Warrants of execution - covering Secure Funding v Doneley [2010] QSC 91; Wu v Ma [2011] VSC 208 and Kousal v Suncorp-Metway Ltd [2011] VSC 312 (the $1,000 sheriff sale case); and
4. The impact of the Personal Property Securities Act, 2009 on enforcement by mortgagees.
