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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Cousins On The Law of Mortgages 4th ed isbn 9780414034365

Cousins on The Law of Mortgages 3rd ed

ISBN13: 9780421914100
New Edition ISBN: 9780414034365
Previous Edition ISBN: 0421529504
Published: December 2010
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print

Cousins: Law of Mortgages is a comprehensive explanation of the law and practice concerning mortgages and related court proceedings.

Every type of mortgage agreement is covered whilst detailing the rights and duties of the parties involved. The book examines the areas of dispute between mortgagors and mortgagees, setting out available remedies. It also describes the procedures for amending and transferring mortgages.

There have been substantial changes made in the conceptual framework of Cousins: Law of Mortgages, and a re-ordering of the textual format to assist exposition and to reflect the legal developments which have occurred since the previous edition.

The 3rd edition has been substantially updated with a re-ordering of the textual format to assist exposition and reflect the recent legal developments, Law of Mortgages ensures readers are up to date on the latest legal developments including:-

  • Bills of Sale Act: Vos J's detailed analysis in Chapman v Wilson on the application of the Act to future property and the Court of Appeal's decision in Online Catering Limited v Acton concerning the Acts' application to companies
  • Limitation Periods: Court of Appeal's decisions in Yorkshire Bank v Mulall (2009) on limitation periods and charging orders and Ashe v Nat West Bank (2008) on delays in enforcement and adverse possession
  • Includes a new chapter on Subrogation that explores in depth all the principles applicable to subrogation and mortgage including sub-subrogation and subrogation to the vendor's lien
  • Gives a comprehensive analysis of the law affecting priorities post the Land Registration Act 2002, set against the context of the position under the Land Registration Act 1925 and the previous position covering priorities between and affecting legal and equitable mortgages
  • Provides a new chapter dealing with charging orders, the law and practicalities including consideration of recent cases such as Close Invoice Finance v Pil (2008), Forrester Ketley & Co v Brent (2009) and National Westminster Bank plc v Rushmer (2010)
  • Contains expanded coverage of insolvency as it affects both mortgagors and mortgagee, the law concerning debentures and the regulation of family property
  • Covers in great detail the Consumer Credit Act and the 2010 regulations, with particular focus on the new regime for unfair credit bargains and the Unfair Terms in Consumer Contracts regulations

Property Law
The Nature of a Mortgage.
History of the Law of Mortgage.
Legal Mortgages of Land.
Mortgages of Registered Land.
Equitable Mortgages of Land.
Mortgages over Miscellaneous Interests in Land.
Second & Subsequent Mortgages.
Building Society Law and Mortgage Lending.
Local Authority Mortgages.
Agricultural Mortgages and Charge.
Mortgage Debentures.
Mortgages of Personality.
Mortgages of Choses in Action.
Mortgages of Land and Consumer Credit Regulation. Parties to Mortgages.
Rights, Duties & Remedies of the Mortgagee or Chargee.
The Equity of Redemption as an Interest in Property.
The Rights, Duties & Remedies of the Mortgagor or Chargor.
Other Matters Incidental to the Security. Priority of Mortgages.
Transfer & Devolution of Rights under the Security.
Extinguishment of the Security. Insolvency of the Mortgagor.
Rights of Consolidation & Marshalling.
The Mortgagee's Debt & Mortgage Account.
Defences to Claims by the Mortgagee.
Court Proceedings.