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.

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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.

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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.

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