Mortgage
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Royal Bank of Scotland v Etridge (No 2) and other appeals
Mortgage – Undue influence — House of Lords refining principles enunciated in Barclays Bank plc v O’Brien [1994] AC 180 — Wife consenting to unlimited charge by bank on jointly…
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AIB Group (UK) plc (formerly Allied Irish Banks plc and AIB Finance Ltd) v Martin and another
Mortgagors entering into new mortgage deed – Default in payment on mortgage – Bank seeking to enforce covenant to repay – Whether mortgagors jointly and severally liable – Whether appellant…
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Lloyds TSB Bank plc v Shorney and another
Husband and wife executing mortgage supporting husband’s guarantee of liabilities of company – Mortgage in bank’s standard form – Husband subsequently executing further guarantees without wife’s consent – Bank seeking…
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Barclays Bank plc v Buhr and others
Husband and wife granting bank second mortgage over property – Bank failing to register charge effectively – Property subsequently sold – Purchase price used to discharge sums due to first…
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Jones v Morgan and another
Mortgage in favour of appellant secured over respondents’ land – Parties subsequently entering into agreement that respondents would transfer part of mortgaged property to appellant – Mortgage repaid in full…
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Swift and another v Dairywise Farms Ltd and others
Equitable protection of right to redeem – Company lending to farmers on security of milk quotas – Borrowers required to transfer quotas to a sister company – Sister company holding…
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Barclays Bank plc v Goff
Wife receiving independent legal advice prior to signing loan facility agreement secured by property – Wife claiming undue influence – Whether wife’s opportunity to receive independent advice sufficient to rebut…
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Meftah v Lloyds TSB Bank plc
Bank mortgagee of drag racing site exercising power of sale – Borrower alleging sale at undervalue – Bank seeking quick sale to enable purchaser to operate from start of drag…
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UCB Bank plc v Chandler and another
Mortgagee proceeding for possession and for recovery of arrears – Mortgagee obtaining unopposed order for possession – Judgment silent on claim for arrears – Whether mortgagee estopped from bringing later…
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Banque Financière de la Cité v Parc (Battersea) Ltd and others
Two lenders making successive advances secured on borrower’s land – Second lender an associated company of borrowing company – Appellant bank making third loan for purpose of reducing borrower’s indebtedness…
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Leggatt and another v National Westminster Bank
Husband and wife granting unlimited charge over matrimonial home – Wife subsequently signing unlimited guarantee in favour of bank guaranteeing liabilities of husband’s partnership – Original charge replaced with new…
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Halifax Mortgage Services v Muirhead and another
Order for possession of mortgaged property – Defendants, husband and wife, having different interests – Judge exercising discretion to refuse order for sale under Law of Property Act 1925, section…