MortgagesSA
A comprehensive and practical guide to assist practitioners to prepare loan agreements, mortgages, and guarantees for most of the transactions required in general practice.
1 Matter Plan
Overview
A comprehensive and practical guide to assist practitioners to prepare loan agreements, mortgages, and guarantees for most of the transactions required in general practice.
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 South Australia.
The guide and all supporting documents have been prepared so that they will assist both seasoned property lawyers in South Australia 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 (SA)“All eligible mortgages, discharges of mortgages and transfers of mortgages must be lodged electronically using the National Mortgage Form. The National Mortgage Form is a national initiative to standardise the content and presentation of mortgages lodged for registration through all lodgement ...”
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Reference materials- Overview“The parties to a real estate mortgage are called the 'mortgagor' and 'mortgagee'. The mortgagor, or borrower, is the party who mortgages the property as security for the mortgage debt. The mortgagee, or lender, of the mortgage debt, is the person to whom the secured property is mortgaged. The ...”
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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 and variation
- G. Default
- H. Settlement and finalising the matter
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Our Authors
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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