Mortgage
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Cheltenham & Gloucester plc v Appleyard and another
Refinancing agreement — Lender obtaining equitable mortgage only — Judge granting possession order to lender — Whether lender subrogated to rights of first chargee — Appeal dismissed
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UCB Bank plc v Hedworth
Subrogation — Vendor’s lien — Property purchased with aid of loan subsequently repaid with advance from second lender — Whether second lender entitled by subrogation to benefit of lien to…
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Silven Properties Ltd and another v Royal Bank of Scotland and others
Mortgage — Sale by mortgagee — Appointment of receivers — Whether respondent mortgagee or receivers under duty to pursue planning permission and grant leases prior to sale — Appeal dismissed
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Newport Farm Ltd and others v Damesh Holdings Ltd and others
Sale of land by mortgagee company — Deal negotiated by appellant mortgagor — Director of mortgagee company having interest in purchaser — Whether breach of duty under section 103A of…
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Mortgage Agency Services Number Two Ltd v Chater and another
Legal charge — Undue influence — Appellant and son jointly applying for loan to be secured on appellant’s home to finance son’s business venture — True purpose of loan not…
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First National Bank plc v Achampong and others
Legal charge — Undue influence — Wife executing charge over property in favour of appellant bank — Whether bank having constructive notice of undue influence by husband — Whether equitable…
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PP 2003/20
As many defaulting borrowers have learned to their dismay, the nightmare of negative equity does not necessarily end with repossession and sale: they can still be pursued for the balance…
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Scottish Equitable plc v Thompson and another
Mortgage — Limitation — Appellant claiming principal and interest due under second mortgage containing no express covenant to repay principal — Respondent mortgagor contending claim statute-barred — Claim accruing before…
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PP 2003/15
Mortgaged property is sold at an undervalue: Who can the mortgagor sue for damages?. The question posed above serves as a convenient umbrella for four interrelated questions addressed by the…
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PP 2003/14
Forfeiture: Procedural safeguards for benefit of lessee held unavailable to his mortgagee even where possession taken under mortgage. Given a threat of forfeiture proceedings, it sometimes happens that the person…
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Bristol & West plc v Bartlett and another; Paragon Finance plc v Banks; Halifax plc v Grant
Mortgagees repossessing and selling secured property — Mortgagees bringing action against borrowers for shortfall — Whether claim under mortgage — Whether simple contractual claim — Whether 12-year or six-year limitation…
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Bristol & West plc v Bartlett and another; Paragon Finance plc v Banks; Halifax plc v Grant
Mortgages — Limitation period — Arrears — Mortgaged property sold under power of sale — Later claim for arrears of principal and interest — Section 20 of Limitation Act 1980…