Mortgages Flashcards
0
Q
Abbey National Building Society v Cann (1991)
A
There is no scintilla temporis between a purchaser’s acquisition of title and subsequent creation of mortgage over that property that has enabled purchase to take place.
1
Q
Santley v Wilde (1889)
A
Definition of a mortgage:
The mortgagee is treated as if he has acquired such an interest and gets the same protection, powers and remedies as a mortgagee who does in fact take conveyance.
2
Q
Vedalease Ltd v Cascabel Investments LTD (2009)
A
Remedy available to the mortgagee for failure of repayment is to sue mortgagor personally on the contract for repayment of sum borrowed + interest + other costs.
