Mortgages

What is a mortgage?

What is real security?

Who is the mortgagee and who is the mortgagor?

What does s 85 (1) LPA 1925 state?

What does the Law of Property (Miscellaneous provisions) Act 1989 s 2 state?

What act and section states what needs to be on a deed for a mortgage to be created?

What is s 23 1 (a) Land Registration Act 2002?

What is undue influence?

What was established in Pitt?

What happens if there is undue influence?

What are the steps the bank must take in order to protect themselves?

What needs to be shown that the bank has done enough regarding undue influence?

What are the 3 rights a mortgagor has? (borrow)

what is a legal right to redeem?

what is equitable right to redeem?

what is equity of redemption?

What is a clog?

What does a clog do?

What else does a clog do?

What was established in Fairclough?

what was established in knightrsbridge?

what was established in Noakes with regard to a collateral advantage?

What was established in Kreglinger?

What are the five remedies of the mortgagee?

what is right to posession regarding a property that is not subject to a lease?

what is right to posession with regard to property that is subject to a lease?

what do lenders do to get a right of possession?

what are they techinically allowed to take possession?

What was established in Ropagealach v Barclays?

what does postponing depend on?

in law, what side are the courts on with rregard to right of possession?

What does postponing in equity do, whos side are they on?

What did Lord Denning establish in Quennell v Malby?

when will the courts allow the lenders to take possession (with regard to equity)?

what does equity do when the borrower hasnt deafulted on the mortgage?

What does s 38 Administration of justice Act 1970 do?

what does s8 of the Administartion of justice act 1970 do?

what conditions must be fulfilled with regard to s8?

What was established in Western Bank ltd v Schlinder with regard to s36 and borrowers not being in default?

what are the two reasons why a court might postpone possession?

what was established in Horsham properties group ltd v clark?

What is power to sell?

what is s101 (1) LPA 1925?

what does s 103 LPA 1925 set out?

what must the lender do before he sells the property?

what protection does the buyer of a lenders property have?

what is the buyer knew the power of sale wasn't exercisable but still bought the property?

what 2 duties did Salmon LJ in Cuckmere Brick & co v Mututal finance sat lenders owe to borrowers?

what happens when the power to sale has arisen but there is more than one mortgagee?

how does the priority work?

what section regards dealing with the proceeds of the sale?

what is appointment of a recivor?

what does a recievor do?

what are the 7 legal principles established in Medlock v Blake regarding the legal position of recievors?

what is foreclosure?

what does equity give the court discretion to do regarding foreclosure of property?

what is interim ordeR?

what is the final stage of foreclosure?

what is right to sure for debt?