Equitable Mortgage in UK Law
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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 ... – Legal mortgage ... – Equitable mortgage ... – Equitable fixed charge ... – Floating ... ...
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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 ... ...
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Taking Security Over IP
... ... take a mortgage over the relevant IP; or take a fixed or floating charge over the ... Equitable Mortgage of IP ... If the transfer pursuant to a legal mortgage has not ... ...
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What Are My Options To Enforce A Legal Charge?
... ... or equitable mortgage. It is not available to a charge holder ... Foreclosure allows ... ...
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Ceasing To Be A Subsidiary
... ... This document had a similar effect to an English law legal mortgage of the shares (shares being intangible assets incapable of being "pledged" ... more common for a lender to take security over shares by way of equitable mortgage or charge. In such a case, the lender will take possession of ... ...
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Personal Security - Real Estate
... ... debate, there is no real difference anymore between the terms 'mortgage' and 'charge' and the terms are used interchangeably in some Court ... Equitable mortgages/charges ... In England it is possible to have different ... ...
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County Court Considers Bank's Possession Rights In Context Of A Mortgage That Is Securitised Or Subject To Covered Bond
... ... mortgage contract with the borrower, as the parties had not legally ... transferred the mortgage - there was only an equitable ... assignment. While the court acknowledged that future evidence might ... support such arguments, it concluded that the borrower was engaging ... ...
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IFI Update, June 2009 - Part 1
... ... objectively understood (see Lord Steyn in Equitable Life ... Assurance Society v. Hyman [2002] 1 AC 408, at 459). That ... is ... The security instrument was an equitable mortgage of shares in ... two BVI companies. The share certificates and ... ...
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