Equitable Mortgage in UK Law
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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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Credit Advisers, Consumer Credit and Equitable Fiduciary Obligations
Consumers use financial intermediaries such as brokers and other credit advisers to navigate complex financial markets and to provide guidance on credit products. In 2017 ASIC reported that ‘[b]rok......... responsible for arranging … half of all home loans in Australia’ (AustralianSecurities & Investments Commission, Report 516: Review of Mortgage Broker Remuneration(2017) 8 [18]). The National Consumer Credit Protection Act 2009 (Cth) (‘Credit Regime’) regulatesthe conduct of such advisers ......
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Acquiring Property Rights from Uncompleted Sales of Lane
...... enforceable contract for sale of land vests in the purchaser an equitable interest in the land. The availability of specific performance satisfies ... right (for example, the creation of a lease, easement or mortgage in The Modern Law Review Limited 1998 (MLR 61:4, July). Published by ......
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In the Irish Courts
...... They had been subjected to an equitable mortgage by way of deposit of title deeds in favour of a bank, to ......
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THE SEALING OF DOCUMENTS—FACT OR FICTION
......, for example by treating the transaction as an equitable mortgage however, the judgments were unanimous in holding that ......
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The So‐Called Lien Of A Partner
...... equity creates a lien in the nature of an automatic mortgage or charge which attaches to the property of another, not ... A common example of an equitable lien is that of an unpaid vendor who has parted with ......
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Payment of Pecuniary Legacies
.......14 (2) Alternatively, that the wife had a true equitable interest, but that in his discretion the judge was prepared ... v. Hobbs.15 If in addition the mortgage had been in the common form employed in Barclays Bank ......
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