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November 12, 2022

What are the essential differences between a loan secured by a mortgage, and an unsecured loan

What are the essential differences between a loan secured by a mortgage, and an unsecured loan?

What legal or equitable principles or statutes govern priorities in Torrens title land as between:

Registered interests?

Unregistered interests?

Legal as compared to equitable interests

Give 3 examples of “fraud” within the meaning of Real Property Act 1900 (NSW) s 42 sufficient to set aside the title of a registered proprietor under that Act, and what must by shown by a person wishing to set aside such a title on the grounds of fraud?

When will the failure to lodge a caveat have the effect of postponing the priority of an earlier unregistered mortgage or charge as against subsequent unregistered mortgage or charge?

Does a proprietor deprived of their title by the allegedly wrongful act of another have a right to caveat that title as a first step in having that title restored, and what must that proprietor have regard to in deciding if it can validly caveat?

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