Mortgages
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Mortgages – no third test for hybrid loan situations
The Court of Appeal decision in One Savings Bank plc v Waller-Edwards
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Mortgage repossession: compromise of earlier proceedings
In Bank of Scotland v Peter Lisney Hoskins the court has considered an application by the claimant…
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Secret commission meant a mortgage could be rescinded
A broker who arranged a mortgage was judged to be acting as the mortgagor’s agent
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Ropaigealach distinguished in repossession ruling
Self-help enforcement of mortgage renders the relationship with the mortgagor unfair
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Clydesdale Bank plc v Workman and others
Mortgage Breach of trust
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A borrower’s statutory power of leasing is restricted to granting tenancies at the best rent that can reasonably be obtained
At common law, borrowers have the capacity to grant leases, but cannot create tenancies that bind their lenders. So, if a borrower grants a lease, a lender with a prior…
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Szepietowski v National Crime Agency (Formerly the Serious Organised Crime Agency)
Mortgage – Enforcement – Marshalling – National Crime Agency obtaining over certain properties in settlement of claim against owners under Proceeds of Crime Act 2002 – Those properties subject to…
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Bower Terrace Student Accommodation Ltd and another v Space Student Living Ltd
1. Herbal Hill Studios Limited (“Herbal Hill”) (formerly known as Ely Property (Herbal Hill) Limited) and Bower Terrace Student Accommodation Limited (“Bower Terrace”) (formerly known as Ely Maidstone Limited) are…
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Barclays Bank plc v OBrien and another
Bank loan — Wife charged her share of home at request of husband — Husband misrepresented to her that charge limited to £60,000 — In fact charge was for much…
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Bank of Scotland v Bennett and another
Husband buying company – Husband and wife executing guarantee and charge over home – Company failing – Bank claiming possession under charge – Whether husband exercising undue influence – Whether…
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Barclays Bank plc v Sumner and another
Bank loan — Property development — Matrimonial home sold to raise finance — Unlimited guarantee for loans signed by husband and wife — Whether transaction manifestly disadvantageous to wife –…
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Britannia Building Society v Pugh and another
Husband and wife charging jointly owned property to secure joint loan — Arrears — Mortgagee seeking possession — Possession order granted — Whether special equity applicable so that creditor unable…