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Mortgages.

The editor of this section of the site is Nigel Clayton of Kings Chambers, Leeds and Manchester. Nigel also maintains the specialist website dealing with mortgages at www.legalmortgage.co.uk



There are three cases this month:

  • A borrower’s appeal against refusal to strike out an order for possession was dismissed. His claim that that the bank had produced counterfeit mortgage deeds was rejected.
  • An unsecured loan was not capable of protection by a restriction.
  • A claim for professional negligence based on a certificate of title produced by a firm of solicitors was dismissed.


Mortgage deeds

Different copies – authenticity

Ulster Bank Ltd v Boyes
[2016] NICh 6
(Note: this is a Northern Irish case)

Summary

A borrower’s appeal against a Master’s refusal to strike out an order for possession was dismissed. His liability was res judicata and the basis of his claim – that the bank had produced counterfeit mortgage deeds – was rejected.

Facts

B executed a bank “all-monies” charge as security for a loan of £600,000. The charge was witnessed by B’s solicitor and B was given a copy. Following default the bank issued proceedings and obtained an order for possession from the Master which was subsequently suspended on terms. B applied to strike out the order on the basis there was no valid loan agreement. The application was dismissed and he sought to appeal. He produced two signed mortgage deeds and said there was a fraud perpetrated by his previous solicitors or the bank. He also argued that because there was no valid loan agreement, he was not in default. He wanted the security documents to be forensically examined because, he said, it was well documented in recent press releases that banks are producing counterfeit documents.

The bank’s counsel explained why there was a second mortgage deed in existence – that it was common practice to have two mortgage deeds, one of which is lodged at the Land Registry and the other with ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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