Mortgages
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Cheltenham & Gloucester Building Society v Johnson and another
Arrears of mortgage repayments — Possession order suspended on terms — Money claim for balance outstanding adjourned generally — County court upholding adjournment of money judgment — Court of Appeal…
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CIBC Mortgages plc v Pitt and another
Husband and wife joint tenants — Legal charge of matrimonial home — Failure to keep up payments — Order for possession granted — Wife alleging undue influence — Seeking that…
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Woolwich Building Society v Dickman and others
Possession order — Tenants of mortgaged property — Tenants signing consent forms — Whether consent forms affecting operation of Rent Acts — First instance judgment for tenants — Building society…
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Turner v Barclays Bank plc
Husband remortgaging matrimonial home to finance business – Husband and wife’s interests in property charged – Business in voluntary liquidation – Bank obtaining order for possession – Wife seeking to…
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Hypo-Mortgage Services Ltd v Robinson and another
Mortgage executed by sole legal proprietor but trust alleged in favour of infant beneficiaries in occupation at material time – Whether presence of infant beneficiaries can amount to actual occupation…
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Midland Bank plc v McGrath
Mortgagor defaulting in loan repayment — Mortgagee claiming possession — Cross-claim against mortgagee — Whether mortgagor afforded defence by way of equitable set-off — Order for possession granted — High…
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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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Bankers Trust Company v Namdar and another
Mortgagee giving bank guarantee to procure funds to discharge mortgage – Subsequent mortgage invalidated by forged signatures – Whether first mortgage enforceable under doctrine of subrogation – Whether one mortgagor’s…
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Leeds Permanent Building Society v Fanimi and another
Building society loan to be secured by way of legal charge – Legal charge not executed – Legal charge and transfer not registered – Mortgagor letting property in breach of…
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Barclays Bank plc v Boulter and another
Husband and wife joint owners of house charged to secure husband’s indebtedness – Wife opposing possession action on ground that husband had misrepresented scope of charge – Whether wife’s pleading…
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Mann v Nijar and another
Mortgagor letting basement flat to plaintiff without obtaining written consent required by mortgage deed – Mortgagor in default – Mortgagee appointing receiver – Receiver collecting rent from plaintiff and others…
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Sadiq v Hussain
Shop premises mortgaged to bank by freehold owner – Mortgage excluding statutory power of leasing – Freeholder nevertheless granting tenancy – Plaintiff taking assignment from tenant – Plaintiff sub-letting to…