Mortgages
Mortgage Possession
This section of the site contains material that is specific to mortgage possession claims. In particular it contains an article relating to mortgage repossession claims:…
Also in Mortgages
Waller-Edwards v One Savings Bank Plc [2025] UKSC 22
In allowing the appeal, the Supreme Court held that a creditor is put on inquiry in any non-commercial hybrid transaction where, on the fact of the…
Mortgage Possession Proceedings
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Mortgage
In this article, Nigel Clayton examines a case involving professional negligence and mortgage identity fraud, focusing on the enforcement of…
Mortgage Litigation
Nigel Clayton examines Lloyds Bank Plc v Mealham , a mortgage litigation case featuring a litigant in person whose vexatious applications were deemed…
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…
Possession Proceedings
In the first of two case studies, Nigel Clayton examines the court's powers in possession proceedings involving administrators under the Insolvency…
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…
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…
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…
Unregulated Mortgages
Nigel Clayton delves into the case of Kumar & Ors v LSC Finance Ltd [2024] , exploring its implications for regulatory compliance, investment property…
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…
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…
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…
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…
Mortgages - Mistaken Discharge
Article contributed by Nigel Clayton Mistaken discharge – application for summary judgment to rescind and for alteration of the register Case Name…
Mortgages
Article contributed by Nigel Clayton Nigel Clayton discusses mortgage business in relation to Section 2 of the Law of Property (Miscellaneous…
Mortgage Litigation
Article contributed by Nigel Clayton Appeal - possession order and money judgment – default rate of 12% pcm compounded - judge’s findings on default…
Statutory and Regulatory Compliance
Article contributed by Nigel Clayton Regulated Mortgage Contract – exemptions – whether unfair relationship provisions apply – whether new point can…
Mortgage of Lease
Article contributed by Nigel Clayton - Kings Chambers Dissolution of co-debtor and mortgagor – disclaimer of lease - entitlement of individual…
Interest-Only Mortgage
Article contributed by Nigel Clayton, Kings Chambers Misselling – claim for damages for professional negligence - requirements Taylor v Legal and…
Summers v TSB Bank Plc
Article contributed by Nigel Clayton [2022] EWHC 1068 (Ch) and [2022] EWHC 1691 (Ch) Summary The court granted a vesting order in favour of a…
R (on the application of Mortgage Agency Services Number Five Ltd) v Financial Ombudsman Service Ltd
Article contributed by Nigel Clayton [2022] EWHC 1979 (Admin) Summary The High Court dismissed an application for judicial review to quash a decision…
Mortgages - Arthistory Ltd v Campbell [2022] EWHC 848 (Ch)
Mortgages The editor of this section is Nigel Clayton of Kings Chambers, Leeds and Manchester Arthistory Ltd v Campbell [2022] EWHC 848 (Ch) BAILII…
Loan Agreements
The editor of this section is Nigel Clayton of Kings Chambers, Leeds and Manchester ( nclayton@kingschambers.com ) Campbell v Tyrrell, [2022] EWHC 423…
Miscellaneous Provisions
The editor of this section is Nigel Clayton of Kings Chambers, Leeds and Manchester ( nclayton@kingschambers.com ) Campbell v Chief Land Registrar…
S 36 of the Administration of Justice Act 1970
Written by Nigel Clayton. Liddiment v Hull [2021] EWHC 3418 (Ch) A transcript of the decision can be downloaded here . In its decision, the High Court…
Marshalling
Introduction Marshalling is an equitable remedy. It applies where the owner of two properties, X and Y, mortgages them both to lender A, and then…
Negligence and loans
Advance of further funds Causation Tiuta International Ltd v De Villiers Surveyors Ltd [2017] UKSC 77 Summary A mortgage valuer is only liable for the…
Facility agreement
Relationship to legal charge Rectification of register - power of sale Cherry Tree Investments Ltd v Landmain Ltd [2012] EWCA Civ 736 Summary A…
Exoneration
Equity of exoneration Indirect benefit Armstrong v Onyearu [2017] EWCA Civ 268 Summary For a benefit to a co-owner/surety to displace the equity of…
Undue influence
This page deals with: Royal Bank of Scotland v Etridge - the leading HL of decision in this area of the law. A large number of post Etridge cases…
Interest
Variable interest clause Nash v Paragon Finance plc [2001] EWCA Civ 1466; [2002] 1 WLR 685. The loan agreement contained a clause entitling the lender…
Mortgage possession
This section of the site contains material that is specific to mortgage possession claims. In particular it contains an article relating to mortgage…
Subrogation
A Practitioner's Guide In todays marketplace where re-mortgages are common, lenders are effectively doubly-secured in the event of subsequent default…
Limitation and shortfall
The Issue Many years ago the bank recovered possession of the house. Unfortunately much more was owed than was obtained on the sale and the bank has…
Forgery
Equitable charge Matters to be taken into account under s15 TLATA 1996 Edwards v Bank of Scotland [2010] EWHC 652 (Ch) Summary The effect of a forged…
Tenants of mortgagees
This page considers whether or not a tenancy is binding on a lender; and the limited protection given to tenants by statute when it is not. Whether…
English