Mortgage
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PP 2001/59
Duties of lending bank – Duties of advising solicitor. Librarians who have assiduously archived the countless decisions that followed in the wake of Barclays Bank plc v O’Brien [1994] 1…
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PP 2001/32
A mortgagee exercising his power of sale accepts an offer from A in circumstances where a property dealer might well, at the risk of losing the sale, have solicited offers…
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PP 2001/43
“Recourse to the technical doctrines of clogs and fetters has become increasingly rare. In part at least, this may be due to their uncertain application.” .
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PP 2001/6
A security taken over a debtor’s land may, for one reason or another, only amount to an equitable charge. A not uncommon instance is where, as occurred in Bland v…
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Jones v Morgan and another
Mortgage –– Clog –– Enforcement –– Legal charge –– Later agreement requiring chargor to transfer interest –– Whether duress –– Whether unconscionable bargain –– Whether clog on equity of redemption
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PP 2000/110
Disputes about the operation of the Land Registration Act 1925 continue to stray into uncharted areas. The puzzle posed in Habermann v Koehler [2000] EGCS 125 arose out of the…
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PP 2000/102
Put yourself in the position of a bank that has taken a mortgage over a jointly owned matrimonial home as security for the business indebtedness of the now insolvent H.
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PP 2000/65
A sham transaction — as instanced by a phoney licence agreement thrust on a tenant — is one that rests on a pretence.
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PP 2000/5
Q A valuer reports to a lender. Does he fall into error if his 90-day mortgagee sale valuation is the same as his open market valuation?.
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PP 2000/12
Insolvency and family lawyers alike will find plenty of food for thought in Mortgage Corporation Ltd v Shaire [2000] EGCS 35.
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PP 2000/20
Take the case of valuer whose only defence to a lender’s negligence claim is that he made the offending report more than six years before the start of the proceedings.