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When a mortgagee obtains judgement against a debtor, one impediment to making a sale and recouping the debt might be that the property is occupied by a third party – a tenant. The Residential Tenancies Act (Vic) 1997 ('the Act') provides a mechanism for a mortgagee* to obtain vacant possession: a possession order under s325. […]
June 9, 2011
A recent decision of the New South Wales Court of Appeal in Hearse v Staunton serves as a warning that contracts of sale of real estate cannot so simply be amended. The facts of the case are that a contract for sale for the property had initially been prepared showing the wife as the purchaser. […]
June 25, 2011
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