Cases Flashcards
No equitable mortgage by disposition of title deeds alone
Bank of Kuwait v Sahib
No clog or fetter on the equity of redemption
Santley v Wilde
Right to redemption must not be illusionary
Fairclough v Swan
No unconscionable or oppressive bargains against the equity of redemption
Bookbinding v Marden
Mortgagee should obtain no collateral advantages against the equity of redemption
Noakes v Rice
Undue influence is complete defence and set aside a mortgage
Barclays v Obrien
Surety Rules to protect banks against undue influence
RBS v Etridge
Limitation period of 12 years for suing for capital amount
West Bromwich v Wilkinson
Mortgagee’s inherent right to possession, before the ink is dry
Four maids v Dudley Marsh
S36 AJA Paying arrears, pay any sums due was ‘the entire sum, if the mortgage stipulated such’
Halifax v Clarke
AJA, pay off arrears, Within a reasonable period can be the whole term of the mortgage
Cheltenham & Gloucester v Norgan
AJA, pay off arrears, likely to be able definition as a realistic prospect of repayment and evidence
First national bank v Syed
AJA, self-sale, reasonable period max 6-12 months
National & Provincial v Lloyds
AJA, self-sale, Likely to be able as a real prospect and some evidence of sale occurring
Target Homes v Clothier
Court’s inherent right to postpone, limited only where AJA fails, but unlikely
Birmingham v Count
Sale without first obtaining court order, permitted, but frowned upon can cause difficulty
Ropaigealach v Barclays
Horsham v Clark & Beech.