In this article, Nigel Clayton examines a case involving professional negligence and mortgage identity fraud, focusing on the enforcement of contractual undertakings, breach of trust, and an application for summary judgement.
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Mortgages
This section contains material on a number of matters relating to mortgages. The topics covered can be seen in the contents list on the left.
Mortgage Litigation
Nigel Clayton examines Lloyds Bank Plc v Mealham, a mortgage litigation case featuring a litigant in person whose vexatious applications were deemed totally without merit. The court enforced possession and issued a three-year civil restraint order, showcasing how...
Mortgage Terms and Conditions
In Breeze v TSB Bank Plc [2024] EWHC 2427 (Ch), the court addressed TSB's entitlement to charge a different standard variable rate (SVR) for transferred Northern Rock mortgages. The case examined two key preliminary issues: whether TSB breached the express terms of...
Possession Proceedings
In the first of two case studies, Nigel Clayton examines the court's powers in possession proceedings involving administrators under the Insolvency Act 1986 (IA 1986) and existing mortgage possession proceedings. The key issue revolves around whether administrators or...
Death of a Mortgagor
Nigel Clayton considers a case involving a property claim after the death of a mortgagor with a lifetime mortgage. The lender sought possession, while the defendant, LK, representing the estate, defended on grounds of mortgage mis-selling, an overriding interest, and...
Challenging Mortgage Account Claims
Nigel Clayton examines a case where a mortgagor (CL) sought an account of the balance owed, while the mortgagee (Topaz Finance) applied to strike out the claim. The court addressed the mortgagor’s entitlement to an account, dismissing CL's overcharge allegations due...
Debt Respite
In this analysis, Nigel Clayton delves into the case of Bluestone Mortgages Ltd v Stoute, examining its significance within the framework of the breathing space moratorium. He scrutinizes the application by the mortgage lender for cancellation, shedding light on the...
Unregulated Mortgages
Nigel Clayton delves into the case of Kumar & Ors v LSC Finance Ltd [2024], exploring its implications for regulatory compliance, investment property exemption, the form of declaration, and entitlement to 3% per month default interest. Case Name, Reference and...
Undue Influence
Ian Quayle examines the recent Court of Appeal case, One Savings Bank PLC v Waller-Edwards (Rev1) [2024], exploring the intricacies of undue influence and the question of whether a lender possessed constructive notice. Case name, reference and Bailii link One...
Mortgage Debt, Bankruptcy, and the Value of Security
Nigel Clayton considers the recent decision in EFG Private Bank Ltd v Babaee, a case which concerned bankruptcy proceedings initiated by a mortgage lender against a borrower who defaulted on a loan secured by a legal mortgage. Case Name, Reference and BAILII link ...
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