The online resource for UK Property Law

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 effect (although not at law) subrogated to A-s rights under its security to the extent of the debtors secured liabilities to B. The general principle is that…

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