Equitable Mortgage in UK Law

  • Equitable Security Interests: Their Creation and Priority
    • No. 3-1, February 1995
    • Journal of Financial Crime
    • 65-68
    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 ... ...
  • The Mortgage Arrears Pre‐Action Protocol: An Opportunity Lost
    • No. 72-5, September 2009
    • The Modern Law Review
    • 0000
    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 aminimum level of equitable dealing within the mortgage relationshipcoupled withthe restrictionand, at times, ... ...
  • “LORD THURLOW'S EQUITY” OR “A CUCKOO IN THE LEGAL NEST”?
    • No. 33-2, March 1970
    • The Modern Law Review
    • 0000
    ... ... a pledge gives an assignable interest.8 Similarly a mortgage is an assignable right in the property charged and does not depend for ... hold that in such a situation the holder of the deeds had an equitable mortgage. This overuame the difficulties of the Statute of Frauds ... ...
  • Mortgage law
    • Mortgage Receivership. Law & Practice - 2nd Edition
    • Wildy Simmonds & Hill
    • 5-47
    ... ... The analysis of that agency plays a great part in the ... understanding of receivership ... (d) The receivers’ equitable duties are based on the lender’s equitable duties.2 ... Thus, knowledge of the lender’s duties can help inform both why the ... receivers have ... ...
  • Chapter 2: Ship Mortgages
    • Maritime Law
    • Taylor and Francis
    • 25-47
    ... Briefly defined a mortgage could be said to be ‘any charge by way of lien on any property for ... of law such mortgages are regarded by British law only as equitable in nature ... The Merchant Shipping Act 1894 thus ... ...
  • NOTES OF CASES
    • No. 18-6, November 1955
    • The Modern Law Review
    • 0000
    Equitable Priorities and the Matrimonial Home
    ...NOTES OF CASES EQUITABLE PRIORITIES AND THE M ~TRIMONIAL HOME ONE of the chief difficulties of ... , however, new in that (1) the mortgagee had an equitable mortgage only; and that (2) the wife had been deserted (and hence her right ... ...
  • Credit Advisers, Consumer Credit and Equitable Fiduciary Obligations
    • No. 47-1, March 2019
    • Federal Law Review
    • 0000
    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 ... ...
  • Index
    • Mortgage Receivership. Law & Practice - 2nd Edition
    • Wildy Simmonds & Hill
    • 539-561
    ... ... arising, where 5.120 ... 540 Mortgage Receivership: Law & Practice ... Appointment of receivers (continued) ... contributory negligence 7.133– ... equitable 7.132 ... failure to mitigate loss 7.138– ... generally 7.131–7.140 ... ...
  • Use and distribution of funds collected
    • Mortgage Receivership. Law & Practice - 2nd Edition
    • Wildy Simmonds & Hill
    • 457-478
    ... ... principal sums, having priority to the mortgage under which the receivers ... were appointed; ... (c) in paying the ... (a) any legal or equitable charges granted after the date on which ‘their’ charge ... was ... ...
  • Chapter 2: England
    • European Banking Law: The Banker-Customer Relationship
    • Taylor and Francis
    • 11-34
    ... ... There is also a Mortgage Code providing a code of good lending practice ... is statutory authority to make rules to modify common law and equitable obligations (i.e. Financial Services Act, s. 48(2)(h)) or because the ... ...
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