Commercial Law Aspects of Residential Mortgage Securitisation in Australia Pelma 3030006050 9783030006051

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Product details:

• ISBN 10: 3030006050
• ISBN 13: 9783030006051
• Author: Pelma Rajapakse

This book evaluates key commercial law aspects of the relevant law and legislation governing residential mortgage-backed securities (RMBSs) in Australia from a legal perspective. Within the context of a “public benefit test” framework, the book seeks to critically evaluate the impact and effectiveness of current law and regulation governing RMBSs. There is a dearth of both academic and practical literature on the legal and regulatory issues surrounding RMBSs in Australia.  The book aims to make a contribution to the formulation of law and public policy by suggesting a number of reforms to the current law and practice surrounding RMBSs in Australia.  In part, these suggested reforms will be based on the lessons learned from the experiences of overseas jurisdictions such as Canada, the U.K, and the United States.

Table of contents:

1. Introduction

2. Towards Formulating a Conceptual Framework

3. Structuring and Issuance in Residential Mortgage Securitisation

4. Mortgage Origination

5. The Legal Process for Transferring Mortgagee’s Rights to the Special Purpose Vehicle

6. Law and Regulation of the Issue of Mortgage-Backed Securities

7. Insolvency Considerations Pertaining to Trustee-Issuer and Mortgage Originator

8. Assessment of Current Regulation and Practice of RMBS Programmes

9. Summary of Conclusions

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