Mortgage
-
Kotonou and another v National Westminster Bank plc
Mortgage securing liabilities under a guarantee — Construction — Date from which interest recoverable — Whether mortgage securing costs of proceedings to enforce guarantee — Judgment for claimants
-
Meretz Investments NV and another v ACP Ltd and others
Development agreements — Mortgage — Exercise of power of sale defeating claimants’ rights under agreements — Whether power exercised improperly — Whether breach of contract — Claim allowed in part
-
West Bromwich Building Society v Wilkinson and another
Mortgage — Default — Claim for sums outstanding following sale of property — Whether claim time-barred — Date when right to receive money accruing — Section 20(1) of Limitation Act…
-
Barclays Bank plc v Bean and others
Mortgage — Possession — Tenancy — Agricultural holding mortgaged to bank — Mortgagors granting agricultural tenancy to company — Mortgagors defaulting — Bank entitled to possession — Whether tenancy a…
-
Ross v Perrin-Hughes and others
Freehold — Lease — Deceased bequeathing property by will — Deceased held freehold reversion of building and lease of maisonette Lease subject to mortgage secured by endowment insurance policy –…
-
West Bromwich Building Society v Wilkinson and another
Mortgage — Sale of property — Personal obligation to pay shortfall — Date when cause of action accruing — Whether claim time-barred — Limitation Act 1980 — Appeal allowed
-
Michael and others v Miller and another
Mortgage — Sale — Power of sale — Mortgagee’s duty to obtain best price reasonably obtainable — Whether breach of duty — Whether use of bracket of valuations relevant in…
-
Edwards v Lloyds TSB Bank plc
Mortgage deed — Husband forging wife’s signature — Whether mortgage a nullity — Whether enforceable against husband — Whether bank’s caution should be vacated — Whether order for sale appropriate…
-
Yorkshire Bank plc v Tinsley
Mortgages voidable for undue influence — New mortgage substituted over different property — Whether invalidity of original mortgages affecting replacement mortgage — Appeal allowed
-
Mortgage Express (No 2) v Filby
Subrogation — Tracing — Mortgage used to pay off unsecured bank loan — Validity of mortgage impugned — Whether respondent mortgagee subrogated to rights of bank — Appeal dismissed
-
Silven Properties and another v Royal Bank of Scotland plc and others
Receivers — Power of sale — Duties — Mortgages — Receivers selling mortgaged properties — Receivers agents of mortgagors — Alleged breach of duty — Alleged sale at undervalue –…
-
Michael and others v Miller and another
Sale by mortgagee — Duty of care to secure best price reasonably obtainable — Significance of bracket of acceptable valuations in assessing damages for breach — Whether valuer negligent –…