Indefeasibility and the Forged Mortgage
Scott, Struan
Cite this item:
Scott, SR, Indefeasibility and the Forged Mortgage. New Zealand Recent Law. 531-555 (1998).
Permanent link to OUR Archive version:
http://hdl.handle.net/10523/8943
Abstract:
At common law a forged mortgage is ineffectual, even if the mortgagee acted in good faith throughout. In New Zealand mortgages of land can be registered and, upon registration, the mortgagee obtains a title to that mortgage that is indefeasible (i.e. immune from adverse claim). This article reviews the then leading cases to question the then orthodox understanding that registration validates the mortgagor’s covenant (promise) to pay.
Date:
1998
Publisher:
University of Auckland Faculty of Law
Pages:
531-555
Keywords:
Property law; Land law; Mortgages; New Zealand
Research Type:
Journal Article
Languages:
English
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