Sale of Co-Owned Land

Question 1

Mortgage Corporation v Shaire

Answer 1

S and F owned home together, S’s signature was forged on mortgage application, result was mortgage only took effect against F’s share in house (25%), mortgage was converted into loan on which S would pay interest pending any future sale.

Question 2

Edwards v Lloyds TSB Bank

Answer 2

Mr and Mrs E owned home jointly, Mrs E remained in home with child after seperating, her signature was forged for mortgage, only took effect against his 50% share. Bank sought application for sale, was postponed until youngest child turned 18.

Question 3

Lewis v Metropolitan Properties

Answer 3

House was sold for £1 a day before end of three year window, Court of Appeal refused to recognise it as valid.

Question 4

Re Holliday

Answer 4

If loan is small against value of house, sale won’t be ordered.

Question 5

Barca v Mears

Answer 5

Introduction of Human Rights Act may have changed interpretation of exceptional circumstances.

Question 6

Everitt v Budhram

Answer 6

Mr and Mrs B were both bankrupt. Application for sale was sought against Mrs B. Court were to ignore her needs but could take into account the needs of her spouse.