Mortgages
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Bristol & West Building Society v Ellis and another
Arrears — Mortgagee seeking possession — Suspension of order on terms — “Reasonable period” to pay sums due required by statute — Court of Appeal holding that evidence insufficient to…
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Household Mortgage Corporation plc v Pringle and another
Mortgage – Repossession – Pending negligence claim against valuer of property – Effect of likely outcome of pending proceedings – Whether court having power to suspend possession order – Administration…
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Bradford & Bingley Building Society v Day and another
Building society giving loan partly secured by collateral charges granted by defendants – Plaintiff seeking to realise security – Defendants seeking to have security set aside on grounds of misrepresentation…
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Midland Bank plc v Serter and another
Guarantee — Legal charge over matrimonial home — Wife acting as surety — Bank setting possession of property — Assumption of presumed undue influence by husband — Whether bank took…
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Claughton v Price and others
K purchasing properties in Florida with assistance of mortgage loans from vendors – K becoming patient of defendant psychiatrist – K liable to repay balance of mortgage loans – K…
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UCB Bank plc v Sharif (deceased)
Mortgagee’s action for possession – Defence based on undue influence exercised over mortgagor by borrower son – Mortgagee claiming mortgagor independently legally advised – Whether that argument applicable where mortgage…
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Midland Bank plc v Serter and another
Guarantee — Legal charge over matrimonial home — Wife acting surety — Bank seeking possession of property — Assumption of presumed undue influence by husband — Whether bank took sufficient…
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Secured Residential Funding plc v Douglas Goldberg Hendeles & Co
Lender offering advance – Lender sending in error claimant mortgage company’s standard documents for completion by solicitors – Whether advance forwarded by lender as principal or as agent for claimant…
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Barclays Bank plc v Caplan and Others
Wife charging jointly owned house to secure husband’s unlimited guarantee against indebtedness of three companies – Legal advice received on more limited commitment agreed 12 months previously – Whether charge…
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National Home Loans Corporation plc v Yaxley and another
Defendants owning property – Defendants being advised by broker to remortgage property to raise money to invest – Broker submitting application to plaintiff containing fraudulent claims – Plaintiff granting loan…
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Albany Homes Ltd v Massey
Mortgage debt – Substantial arrears – Action for possession against two mortgagors one of whom advancing defence of undue influence – Appropriate form of order to be sought against mortgagor…
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Cheltenham & Gloucester Building Society v Norgan
Arrears — Mortgagee seeking possession — “Reasonable period” to pay sums due required by statute — Court’s jurisdiction to grant relief — Question of duration of “reasonable period” allowing borrower…