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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.
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...
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...
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...
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...
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...
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...
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 ...
Nigel Clayton discusses the case of Morgan v Business Mortgage Finance 5 Plc involving a dispute over mortgage possession proceedings and considers the jurisdiction of the High Court to interfere in such matters. Case Name, Reference and BAILII link Morgan v...
Nigel Clayton discusses a recent case involving the modification of a practice form of order for the sale of property following a charging order. Case Name, Reference and BAILII link Cadogan v Cadogan & Ors [2024] EWHC 165 (Ch) (02 February 2024) ...
Nigel Clayton examines the issue of damages in the Shokrollah-Babaee v EFG Private Bank Ltd case, focusing on a claim against the mortgage lender for breaches of statutory duty (MCOB) and the common law duty of care. The specific context involves overvaluations, and...
English 