The online resource for UK Property Law

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.

Time to sell

What are the court's powers when a borrower needs more time to sell the house to pay off the whole of the mortgage debt? Does the borrower need to have contracts in place before the court will adjourn or stay to allow the sale to be completed? In this article Gary...

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Costs

Indemnity costs Contract term required Helden v Strathmore Ltd [2011] EWCA Civ 542 On the question of costs in this case, the judge had been wrong to assume that all mortgagees are entitled to indemnity costs. While it is perfectly true that the majority of mortgages...

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Discrimination defences

See also the Discrimination defences page in the general Possession claims section of the site. Disabled borrower in arrears Lender's refusal to convert to interest only loan Green v Southern Pacific Mortgage Ltd [2018] EWCA Civ 854 Summary A lender-s refusal to...

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Counterclaim and set-off

Claim for declaration as to entitlement to damages and set-off Limitation - summary judgment Woodeson v Credit Suisse (UK) Limited [2018] EWCA Civ 1103 Summary A bank was entitled to summary judgment against borrowers on their claim for declarations as to their...

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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 mortgages one, say Y, to lender B. When A seeks to recover its debt, B can require that it does so first out of X. B is in...

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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 facility agreement and legal charge are separate documents. It is not possible, as a matter of interpretation, to insert a...

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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 consequences of his negligent valuation. Where the same valuer had been negligent in respect of a second valuation...

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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 exoneration, it must be direct or closely connected to the secured indebtedness, and must be capable of carrying a...

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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 including ... Yorkshire Bank plc v Tinsley - which dealt with the situation of whether a lender was necessarily bound by...

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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 to increase the interest rate during the period of the mortgage. The CA held that this clause was subject to an...

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