Mortgagee in Possession in UK Law
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Medforth v Blake
...... is whether a receiver and manager of a pig farm, appointed by a mortgagee, owes any duty to the mortgagor, over and above a duty of good faith, as ... should have power (inter alia):— "(a) To take possession of collect and get in any property hereby charged …; (b) to ......
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Ramnarace v Lutchman
......The appellant accepts that she had not then been in possession of the land for sufficiently long to have acquired a possessory title, and ...He may be the freehold owner, a trespasser, a mortgagee in possession, an object of charity or a service occupier. Exclusive ......
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Cuckmere Brick Company Ltd v Mutual Finance Ltd
...... power of sale became exercisable and the defendants went into possession of the site in December, 1966. They sold it at public auction on the 22nd ... erred in law by misunderstanding the obligations resting on a mortgagee exercising his power of sale. . . 8 On the first point, Mr. ......
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Ainsworth v Wilding
...... action was brought by Thomas Ainsworth, claiming as a second mortgagee, and continued after his death by the trustees and executors of his will, ... under his mortgage on the footing of his being a mortgagee in possession, and for redemption. The plaintiffs also claimed damages and other relief ......
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Rochefoucauld v Boustead
......Donner. F12 He was in the position of a mortgagee consignee, and all the correspondence agrees with this. The suit is, ...Now under the Statute of Limitations as to a mortgagee in possession a trust for sale has been held to be a mortgage for the purposes of the ......
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Wallingford v Mutual Society
...... the case where there are mortgages, and the creditor has been a mortgagee in possession. . An order at Chambers was made refusing leave to defend, ......
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Downsview Nominees Ltd and Another v First City Corporation Ltd and Another
...... , dismissing the appeal and allowing the cross-appeal, that a mortgagee and a receiver and manager appointed by him owed no general duty in ...If a mortgagee enters into possession he is liable to account for rent on the basis of wilful default; he must ......
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Western Bank Ltd v Schindler
...... . Buckley , Scarman and Goff L.JJ. . . Mortgage - Possession - Suspension of order - Mortgagees exercising right to possession of ... drawn that there was an implied term abrogating or restricting a mortgagee's right to possession at any time and such an inference was more difficult ......
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Silven Properties Ltd v Royal Bank of Scotland Plc
...... the Claimants as mortgagors claimed damages against the Bank as mortgagee and the Receivers as receivers ("the Defendants") alleging that in breach ... any time to exercise his powers as mortgagee to sell, to take possession or to appoint a receiver and preserve the security or its value or to ......
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Gomba Holdings (U.K.) Ltd v Minories Finance Ltd (No. 2)
...... to object to the level of costs, charges and expenses which the mortgagee claims to be entitled to charge against or retain out of the mortgaged ...It is worth noting that at this stage the Plaintiffs were in possession of no details other than the bare figures in the accounts. Their ......
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