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Victoria is the registered proprietor of some Torrens title land. On 27 March 2007 Victoriaborrows money from Gillian and uses the land as security for
Victoria is the registered proprietor of some Torrens title land. On 27 March 2007 Victoriaborrows money from Gillian and uses the land as security for the mortgage. The mortgage is notregistered and so Gillian has an unregistered interest. Noteworthy is that the mortgagee - Gillian- can seek to have the land sold if the mortgage is not repaid. Gillian does not take possession ofthe certificate of title and she does not place a caveat upon the title. Later that year Victoria ispresented with an exciting business opportunity, which, if it were to be successful, couldgenerate a windfall of cash. In order to obtain sufficient funds to take advantage of thisopportunity she must obtain more finance and quickly so decides to approach Trish for a secondmortgage. Trish, being the fastidious type, checks the title to the property concerned and findsthat there is no evidence of any other registered interest nor is there a caveat. Victoria, it will berecalled, has retained the certificate of title. On 20 December 2007 Trish grants Victoria amortgage. Six months later, after exploring her promising business opportunity, Victoria findsthat she is unable to pay off both loans and the sale of the land will be insufficient to pay out bothof the mortgages. Advise Trish how she might be able to recover her money.Answer this question in critically legal essay with case law and relevant sections of Real Property Act NSW.Also have counter arguments with case law and recommendations law reform
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