Mortgagee in Possession in UK Law

  • Making a Silk Purse out of a Pig's Ear ‐ Medforth v Blake & Ors
    • Núm. 63-3, Mayo 2000
    • The Modern Law Review
    ...... v First City Corporation Ltd 1 the Privy Council held that a mortgagee, and a receiver and manager 2 appointed by him, owe no general duty of ..., a venerable feature of the law governing mortgagees in possession, and now expressed to be applicable also to receivers. It will be ......
  • Making the Case for Socio‐legal Research in Land Law: Renner and the Law of Mortgage
    • Núm. 37-4, Diciembre 2010
    • Journal of Law and Society
    The aim of this article is to enhance knowledge of and to encourage further research into two areas not traditionally the subject of socio‐legal research, namely, the work of Karl Renner and the En...
    ...... 7 Renner, op. cit., n. 1, p. 53. 8 Pre-Action Protocol for Possession Claims Based on Mortgage or Home Purchase Plan Arrears in Respect of ...The mortgagee's inherent right to possession, for example, has been in evidence since ......
  • Permitting Uncertainty: Owners, Occupiers And Responsibility For Remediation
    • Núm. 66-2, Marzo 2003
    • The Modern Law Review
    ......Indeed the legislation implies that a mortgagee who takes possession of land could incur liabilities as a knowing ......
  • Why do real estate appraisals nearly always equal offer price?. A theoretical justification
    • Núm. 20-3, Junio 2002
    • Journal of Property Investment & Finance
    • 242-253
    Are real estate appraisals based on fundamentals that determine the value of the real estate or on offer price? Does this question really matter? In a game of moral hazard with hidden information, ...
    ......,and buyers who may have interests inconsistent with those of a mortgagee. Forexample, property buyers/mortgagors have a strong incentive to see ......
  • Building Societies and the Unsuspected Hazard
    • Núm. 54-1, Enero 1991
    • The Modern Law Review
    ...... cities, homeless young, rapidly rising requests for possession orders by Building Societies, Banks and Insurance Companies, ... a mortgagor, without the knowledge or consent of the mortgagee, in breach of the standard express prohibition against letting in ......
  • Never Trust a Man…
    • Núm. 56-1, Enero 1993
    • The Modern Law Review
    ...... The plaintiffs sought to recover possession of the premises as against the second defendant. The judgment in ... was a question of whether the interest of the original.mortgagee took priority over the beneficial interest of Mrs Henr~ing.~ In ......
  • The Genesis Of The Floating Charge
    • Núm. 23-6, Noviembre 1960
    • The Modern Law Review
    ...... the lender took steps to realise his security possession of the property was retained by the bor- rower. Under ... 8 The mortgagee’s ownership was subject to the mortgagor’s equitable right ......
  • Mortgagee Powers Rhetoric
    • Núm. 69-4, Julio 2006
    • The Modern Law Review
    This article addresses the rhetoric of land law's interpretive community at the time of, and following, the House of Lords' decision in Boland. It is argued, contrary to the views of other commenta...
    ...... This article focuses on one aspe ct of the structur e of English real pro perty la w: the po wers that mo rtgagees ha ve to t ake possession of the mortg aged pr operty an d to sell it. These two po wers pr ovide mo rtgagees wi th potent means , especially when deploy ed in combina tion, ......
    • Núm. 18-6, Noviembre 1955
    • The Modern Law Review
    Equitable Priorities and the Matrimonial Home
    ...... The case was the now familiar one of a mortgagee seeking possession of a matrimonial home against a ......
  • Payment of Pecuniary Legacies
    • Núm. 18-6, Noviembre 1955
    • The Modern Law Review
    ...... the judge was prepared to make an order for possession: Jess B. Woodcock Q Sons Ltd. v. Hobbs.15 If in addition ... embodied a power of attorney in favour of the mortgagee to execute a legal mortgage, the subsequent clothing of the ......
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