Equitable charge or equitable mortgage?

Aitken, Lee (2012) Equitable charge or equitable mortgage?. Commercial Law Quarterly, 21 1: 3-6.

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Name Description MIMEType Size Downloads
Author Aitken, Lee
Title Equitable charge or equitable mortgage?
Journal name Commercial Law Quarterly   Check publisher's open access policy
ISSN 0819-4262
Publication date 2012
Year available 2012
Sub-type Article (original research)
Open Access Status
Volume 21
Issue 1
Start page 3
End page 6
Total pages 4
Place of publication Sydney, NSW Australia
Publisher The Commercial Law Association of Australia Ltd.
Collection year 2012
Language eng
Formatted abstract
In theory, the difference between a charge and a mortgage is easy to state. A mortgagee will gain the equitable title to the property the subject of the security, with the mortgagor enjoying an equity of redemption. A chargee does not obtain an equitable title; the charge only 'burdens' the property once it has been 'appropriated' to the charge - the chargee's remedy is to enforce by means of a sale in court, or the appointment of a receiver.
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status Non-UQ

Document type: Journal Article
Sub-type: Article (original research)
Collection: TC Beirne School of Law Publications
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Created: Sat, 08 Nov 2014, 14:48:14 EST by Carmen Buttery on behalf of T.C. Beirne School of Law