Mortgage
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National Westminster Bank plc v Breeds and another
Constructive notice – Mortgage of jointly owned matrimonial home to secure husband’s unlimited guarantee of loan to company – Wife establishing misrepresentation and coercion on part of husband – Wife…
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Quinn v Challinor Roberts Cooksey
Husband and wife charging matrimonial home – Charge securing husband’s liabilities – Husband’s liabilities including guarantee in respect of business – Husband’s business failing – Bank requiring sale of home…
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Whitbread plc v UCB Corporate Services Ltd
Successive mortgagees executing deed purporting to place financial limit on priority claimable by first mortgagee – Limit expressed in terms of capital sum plus interest thereon – First advance providing…
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Target Holdings Ltd v Priestley and another
Mortgagor alleging that terms of mortgage deed varied strongly in his favour by subsequent oral agreement – Mortgagee claiming that agreement void for want of consideration and/or signed writing -…
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Pearn v Mortgage Business plc
Application by mortgagor for order for sale – Whether order appropriate in severe negative equity situation – Application refused
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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…
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Nightingale Finance Ltd v Scott and another
Married couple mortgaging home and investing loan moneys in their own mortgage lending business – Soundness of investment fraudulently misrepresented by agent for plaintiff lender – Whether misrepresentation attributable to…
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Citibank International plc v Kessler and another
Bank applying for possession order – Mortgagor claiming bank’s refusal to consent to letting of property resulted in restriction of freedom of movement – Application to strike out part of…
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Global Financial Recoveries Ltd v Jones
Bank advancing loan secured by way of mortgage over property – Borrower failing to make repayments – Bank selling property – Shortfall remaining – Bank assigning debt to appellant -…
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Kenyon-Brown v Desmond Banks & Co
Undue influence – Husband and wife mortgaging holiday cottage – Bank instructed solicitor to advise wife before entering into transaction – Presumption of undue influence – Whether solicitor negligent and…
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Rom Securities, Ltd v Rogers (Holdings) Ltd
Claim by mortgagee for relief — Defence that mortgagee bound to take up lease from mortgagor — Agreement for lease impliedly avoided on refusal of planning permission — Mortgagee need…
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Mortgage Corporation v Lambert & Co and another
Negligence — Mortgage valuation — Limitation Act 1980 — Whether loss accrued more than six years before writ — Whether period of limitation extended by section 14A of 1980 Act…