Equitable Mortgage in UK Law

  • Mortgage set aside for undue influence but lender still entitled to possession pursuant to its equitable charge
    • JD Supra United Kingdom
    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
    • Mondaq UK
  • Essential Guide to Mortgages and Charges Over Land
    • JD Supra United Kingdom
    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 ......
  • Security Over Art: An Introduction
    • Mondaq United Kingdom
    ......-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 ......
  • Taking Security Over IP
    • Mondaq UK
    ...... 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 ......
  • What Are My Options To Enforce A Legal Charge?
    • Mondaq UK
    ......or equitable mortgage. It is not available to a charge holder. Foreclosure allows the ......
  • Ceasing To Be A Subsidiary
    • Mondaq United Kingdom
    ......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 ......
  • Personal Security - Real Estate
    • Mondaq United Kingdom
    ...... 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 'legal' ......
  • IFI Update, June 2009 - Part 1
    • Mondaq United Kingdom
    ......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 accompanying ......
  • Equitable Accounting: Getting A Fair Result Upon Relationship Breakdown
    • Mondaq UK
    ......contributions made towards the property after the date of. separation. For example, money paid towards the mortgage or for. improvements to the house. How does the law cater for such scenarios and provide an outcome. that is fair between the parties? By a process ......
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