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.
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 ...
County Court Mortgage Possession Proceedings
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...
Charging Orders and Orders for Sale
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) ...
Damages
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...
Company Charges
Article contributed by Nigel Clayton Rectification of the companies register – making of administration Case Name, Reference, and Judgement MS Lending Group Limited v LVR Capital Limited [2023] EWHC 2509 (Ch) Summary The High Court ordered rectification of...
Mortgages – Mistaken Discharge
Article contributed by Nigel Clayton Mistaken discharge – application for summary judgment to rescind and for alteration of the register Case Name, Reference and BAILII link Barclays Bank UK Plc v Terry [2023] EWHC 2726 (Ch) Summary The High Court...
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