Equitable Mortgage in UK Law
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Orakpo v Manson Investments Ltd
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My Lords, there is no general doctrine of unjust enrichment recognised in English law. It is a convenient way of describing a transfer of rights from one person to another, without assignment or assent of the person from whom the rights are transferred and which takes place by operation of law in a whole variety of widely different circumstances.
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Swift 1st Ltd v Colin and Others
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The Land Registry have taken the point in correspondence that, as the charge was unregistered, it took effect in equity only and that, as an equitable mortgage, albeit made by deed, the power of sale did not arise. This, it seems to me, is erroneous. The power of sale, as I have said, arises under section 101 of the 1925 Act, and that merely requires that a mortgage be made by deed, which this one was.
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Banque Financiere de la Cite v Parc (Battersea) Ltd and Others
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This does not of course mean that questions of intention may not be highly relevant to the question of whether or not enrichment has been unjust.
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Eagle Star Insurance Company Ltd v Green and Another
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In my judgment the case in United Bank of Kuwait v Sahib does not help Mr Green, because that was a case where there was no deed, unlike this case. There was in that case a purely informal equitable mortgage by deposit of title deeds. That had no effect because, as a contract, it was required to comply with section 2 and it did not comply. In my judgment His Honour Judge Jones was right to reject the submission that Mr Green made on the effect of section 2.
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Test Claimants in the FII Group Litigation v HM Revenue and Customs
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A related objection is that, once departmental spending policy has been fixed and budgeted for, the various items or heads of expenditure should be regarded as commitments which have to be honoured, and are thus analogous with debts which have to be paid off in one way or another, rather like the mortgage in Scottish Equitable v Derby.
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Investors Compensation Scheme Ltd v West Bromwich Building Society
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(1) Interpretation is the ascertainment of the meaning which the document would convey to a reasonable person having all the background knowledge which would reasonably have been available to the parties in the situation in which they were at the time of the contract.
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Yaxley v Gotts and another
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Plainly there are large areas where the two concepts do not overlap : when a landowner stands by while his neighbour mistakenly builds on the former's land the situation is far removed (except for the element of unconscionable conduct) from that of a fiduciary who derives an improper advantage from his client. But in the area of a joint enterprise for the acquisition of land (which may be, but is not necessarily, the matrimonial home) the two concepts coincide.
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Law of Property Act 1925
......as follows:— . I . General Principles as to Legal Estates, Equitable Interests and Powers. Part I. . General Principles as to Legal Estates, ... . . ( c . ) A charge by way of legal mortgage;. . . ( d . ) Land tax, tithe rentcharge, and any other. similar ......
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Land Charges Act 1925
......commencement. . . Class C:—A mortgage charge or obligation affecting. land of any of the following kinds, ...Act called a ‘puisne mortgage’); and. . . (ii) Any equitable charge acquired by a tenant for. life or statutory owner under the ......
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Land Charges Act 1972
...... F7(not being a local land charge) , namely—(i) a puisne mortgage;(ii) a limited owner’s charge;(iii) a general equitable charge;(iv) an ......
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Settled Land Act 1925
...... conveyance, and saving of rights of personal representatives and equitable chargees. 8 Mode and costs of conveyance, and saving of rights of ...thereto by a legal mortgage, before the execution of a. conveyance under either of those sections. ......
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Equitable Security Interests: Their Creation and Priority
Fraud, so it seems, never goes out of fashion. The United Bank of Kuwait plc advanced monies to Mr Sahib, and when the monies were not duly repaid, the Bank took proceedings to recover the debt due.........1 — Property Fraud Kuwait and the Société Générate Alsacienne de Banque SA ('Sogenal'). Sogenal claimed that it held an equitable mortgage over the interests which were the subject of the charging order, that its mortgages were created before the charging orders obtained by the United ......
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The Mortgage Arrears Pre‐Action Protocol: An Opportunity Lost
In February 2008, the Civil Justice Council circulated for consultation a mortgage arrears pre‐action protocol that proposed some of the most radical and significant reforms of the repossession pro.........Hinting at a return to the equitable tradition, the draftprotocol required a minimum level of equitable dealing within the mortga ge rela tionshipcoupled withthe restriction and, at ti ......
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“LORD THURLOW'S EQUITY” OR “A CUCKOO IN THE LEGAL NEST”?
...... pledge gives an assignable interest.8 Similarly a mortgage is an assignable right in the property charged and does not ... in such a situation the holder of the deeds had an equitable mortgage. This overuame the difficulties of the Statute of ......
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NOTES OF CASES
Equitable Priorities and the Matrimonial Home...... NOTES OF CASES EQUITABLE PRIORITIES AND THE M ~TRIMONIAL HOME ONE of the chief ..., new in that (1) the mortgagee had an equitable mortgage only; and that (2) the wife had been deserted (and hence ......
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Mortgage set aside for undue influence but lender still entitled to possession pursuant to its equitable charge
The recent case of Santander UK PLC v. (1) Ashley Shaun Fletcher and (2) Paula Denise Fletcher [2018] EWHC 2778 (Ch) provides a useful reminder of the principles of undue influence in mortgage tran...
- Mortgage Set Aside For Undue Influence But Lender Still Entitled To Possession Pursuant To Its Equitable Charge Ms Clare Stothard, Steven Mills and Beth Lovell
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Essential Guide to Mortgages and Charges Over Land
This Essential Guide describes the most commonly used types of security that can be created or arise over property, the form and contents of a typical mortgage or fixed charge over property, due di.........the form and contents of a typical mortgage or fixed . charge over property, due diligence and pre-completion . ...created over property:. – Legal mortgage. – Equitable mortgage . – Equitable fixed charge . – Floating charge. The lender ......
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Security Over Art: An Introduction
......-1882 (the "Acts") mean that it is usually impracticable to take a mortgage or charge it is sometimes possible to avoid the problems arising under ...The mortgage will be equitable where the borrower's interest in the work of art is itself an equitable ......