Mortgage
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Corbett and another v Halifax plc and others
First appellant employee of mortgagee in possession — Appellants purchasing property from mortgagee in possession in contravention of provision of first appellant’s employment — Whether such purchase in “good faith”…
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UCB Corporate Services Ltd v Williams and others
Legal charge — Validity — Undue influence — Appellant executing charge over family home to secure indebtedness of husband’s business — Solicitor retained by appellant and husband witnessing signatures –…
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PP 2002/202
Q When appointed receiver of mortgaged properties, my company is frequently engaged to attend to their sale. In what circumstances would we be answerable to the borrower mortgagor for allegedly…
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Lloyds TSB Bank plc v Holdgate and another
Appellant wife induced to sign charge over property — Respondent bank commencing possession proceedings — Possession order suspended pending outcome of House of Lords’ decision in Etridge — Wife found…
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Silven Properties Ltd and another v Royal Bank of Scotland plc and others (Action 3531); Silven Property Ltd v Royal Bank of Scotland plc and others (Action 3279)
Bank appointing receivers of mortgaged properties shortly after issuing formal demand — Whether right to do so restricted by alleged assurances given to claimant mortgagors — Whether receivers in breach…
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Barclays Bank plc v Burgess and another
Duties of mortgagee — Proceeds of sale — Appellant and husband owning house subject to legal charge in favour of mortgagee — House sold and proceeds of sale deposited with…
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Governor and Company of the Bank of Scotland v Hill and another
Undue influence — Independent advice — Judge finding appellant liable under charge to bank — Appellant claiming charge unenforceable because of husband’s undue influence — Whether bank discharging duty to…
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Halifax plc v Omar and another
Mortgage fraud — Unregistered dealings — Mortgagee in dispute with subsequent purchaser — Mortgagee claiming to be subrogated to vendor’s lien — Purchaser resisting on grounds of unjust enrichment –…
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Bank of Ireland Home Mortgages Ltd v Bell and another
Bank offering mortgage to husband and wife – Wife’s signature forged on mortgage form – Bank advancing money and registering charge – Arrears – Bank seeking order for possession -…
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PP 2002/158
Making a leasehold security more secure. Fresh light has been thrown on the law of forfeiture by Dorian Brunt, of Eversheds, who looks at the whole thing through the eyes…
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PP 2002/114
Lender failing to ensure that wife properly advised. The prospects of a mortgagor raising a so-called O’Brien defence (explained in PP 2001/59) may well have dimmed since the House of…
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Wilson v Halifax plc
Mortgage of residential property – Sale by mortgagee while market depressed – Mortgagee marketing property by inviting offers in excess of stated sum – Whether mortgagee in breach of duty…