MortgagesWA
A comprehensive, practical guide to assist practitioners to prepare loan agreements, mortgages, and guarantees for most of the transactions required in general practice in WA.
1 Matter Plan
Overview
A comprehensive, practical guide to assist practitioners to prepare loan agreements, mortgages, and guarantees for most of the transactions required in general practice in WA.
The matter plan is a useful workflow tool to ensure every step is considered. It includes detailed commentary, prepared by experienced legal specialists, which cover the formal requirements for identification of parties, execution, registration, and enforcement.
The commentary extends to cover each step of the matter in plain English and provides support and answers to common and complex questions which might arise while advising on mortgage matters in WA.
The guide and all supporting documents have been prepared so that they will assist both seasoned property lawyers in WA as well as junior members of staff.
Precedents in this publication include:
- Letter to discharging mortgagee requesting discharge;
- Mortgage linked loan agreement;
- Standard terms document – Registered memorandum;
- Acknowledgement of receipt of memorandum;
- Authority to complete documents and satisfy requisitions;
- Direction to pay;
- No security loan agreement;
- Letter to mortgagor's solicitor submitting documents.
The systematic Retainer Instructions ensures nothing is missed and the client is properly advised.
Ready To Use Resources
Choose from ready-to-use legal documents within this Publication.
1 Matter Plan Included
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- Full Commentary - Mortgages (WA)“null”
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- A Brief Explanation of the Transition to E-Conveyancing“null”
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Reference materials- Overview“Mortgages are a means whereby repayment for a loan can be secured over a real estate asset. A Torrens title mortgage creates by registration a security interest in the property with the mortgagor remaining as the registered proprietor. This is often referred to as a statutory charge and important ...”
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- A. Getting the matter underway
- B. The mortgage
- C. Acting for the mortgagee
- D. Acting for the mortgagor
- E. If required - Independent legal advice, priorities, guarantees and caveats
- F. If required - Discharge, transfer, assignment, variation and deceased estates
- G. Default
- H. Settlement and finalising the matter
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More than 45 legal professionals have contributed to By Lawyers' Australian publications, all helping to ensure content is updated regularly to reflect changes in legislation, practice and procedure.
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