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.
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...
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...
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...
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: Time to sell - What are the court's powers when a borrower needs more time to sell the house to...
A Practitioner's Guide In todays marketplace where re-mortgages are common, lenders are effectively doubly-secured in the event of subsequent default by virtue of subrogation. What is subrogation? Subrogation is not a right or a cause of action, but an equitable...
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 now come back to haunt the borrower. It wants the shortfall. More than six years have passed since the problems arose...
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 legal mortgage over jointly owned property is to leave the lender with an equitable charge in respect of the forger-s...
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 tenancy binding on the lender Payments direct to lender Paratus AMC Limited v Fosuhene [2013] EWCA Civ 827 Summary An...
English 