Mortgage
-
Scottish Equitable Life Society v Virdee and another
Lender obtaining possession order – Wife claiming overriding interest under section 70(1)(g) of the Land Registration Act 1925 and applying for possession order to be set aside – Whether lender…
-
Realkredit Danmark v Brookfield House Ltd and others
Appellant mortgagor in arrears – Judge granting respondent order for possession – Whether judge failing to properly exercise statutory discretion to extend time or vary terms of payment – Appeal…
-
Skipton Building Society v Bratley and another
Lender advancing loan secured by mortgage and guaranteed by guarantors – Lender exercising right as mortgagee to sell property – Whether lender obtaining full market value for property – Burden…
-
Morgan and another v Lloyds Bank plc
Bank instructing agent to market mortgaged property – Bank appointing receiver – Whether bank breaching duty to exercise reasonable skill and care in advising client – Whether bank failing to…
-
Royal Bank of Scotland v Etridge and conjoined appeals
Hearing eight conjoined appeals, the Court of Appeal set out the consideration given in Barclays Bank plc v O’Brien [1994] AC 180 to whether a bank was entitled to enforce…
-
Alliance & Leicester plc v Slayford and another
Mortgagor falling into arrears – Mortgagee commencing possession proceedings – Mortgagor’s wife successfully defending possession proceedings on ground of undue influence – Mortgagee amending proceedings to claim monetary judgment in…
-
Midland Bank plc v Bow and another
Appellant entering two charges on matrimonial home – Appellant entering initial charge by husband’s undue influence – Mortgagee seeking to enforce charge – Judge making order for possession of property…
-
Bank of Scotland v Bennett and another
Wife having small shareholding in husband’s business – Wife sole owner of matrimonial home – Husband persuading wife to mortgage home to finance business expansion – Husband exercising undue influence…
-
Birmingham Midshires Mortgage Service Ltd v Sabherwal and others
Mother and sons purchasing property – Legal title vesting in sons jointly – Sons taking out loan secured by way of legal charge – Mother giving consent without proper legal…
-
Maes Finance Ltd and another v Sharp & Partners
Impecunious borrower submitting application form with false particulars – Defendant solicitor discovering matters that would have alerted claimant mortgagee to inaccuracies – Mortgagee aware of second charge but consenting to…
-
Swift and another v Dairywise Farms Ltd and others
Company lending to farmers on security of milk quotas – Borrowers required to transfer quotas to a sister company – Company in liquidation – Liquidators seeking to compel sister company…
-
Struggles and others v Lloyds TSB plc
Mortgagee bank exercising right to sell claimants’ property – Claimants claiming loss by reason of bank’s failure to achieve proper market price – Whether bank taking reasonable care to obtain…