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legalmortgage.co.uk

www.legalmortgage.co.uk

Legal information on mortgages and repossessions

http://legalmortgage.co.uk/

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www.legalmortgage.co.uk | legalmortgage.co.uk Reviews

https://legalmortgage.co.uk

Legal information on mortgages and repossessions

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Apportioning the debt - www.legalmortgage.co.uk

http://www.legalmortgage.co.uk/apportioning-the-debt/4534964824

Apportioning the debt - www.legalmortgage.co.uk. Apportioning the debt between joint borrowers: Indemnity and Equitable Exoneration. This section deals with a number of important principles which are frequently overlooked in the context of joint borrowing. Mr and Mrs Smith are the joint legal and beneficial owners of their matrimonial home, valued at 150,000.00. Mr Smith runs a business. He obtains a business loan from the bank for 75,000.00, secured by way of legal mortgage over the property. The princi...

2

Mortgage Frauds - www.legalmortgage.co.uk

http://www.legalmortgage.co.uk/mortgage-frauds/4532753412

Mortgage Frauds - www.legalmortgage.co.uk. There are a number of different types of mortgage frauds, but they typically fall into three categories:. Frequently involving professionals valuers and/or solicitors, in which the value of the property and/or the extent of the security are misrepresented and/or where simultaneous loans are applied for without reference to the other(s). Misrepresenting the true identity of the borrower and/or details such as the borrower’s income. In principle, a forged legal do...

3

Undue Influence - www.legalmortgage.co.uk

http://www.legalmortgage.co.uk/undue-influence/4532753410

Undue Influence - www.legalmortgage.co.uk. Undue influence is a broad equitable doctrine which seeks to relieve a person from:. 1) The consequences of oppression or domination (actual undue influence); or. 2) The abuse of trust or confidence (presumed undue influence). There are two categories:. A) A recognised relationship giving rise to a presumption of undue influence (eg. parent and child, solicitor and client); and. In Royal Bank of Scotland Plc v Etridge (No.2) [2002] 2 AC 773. HOW DOES IT WORK?

4

Enforcement - www.legalmortgage.co.uk

http://www.legalmortgage.co.uk/enforcement/4533708711

Enforcement - www.legalmortgage.co.uk. WHAT HAPPENS IF THE COURT HAS MADE AN ORDER FOR POSSESSION, OR THE TERMS OF A SUSPENDED ORDER FOR POSSESSION ARE NOT COMPLIED WITH? The usual procedure in residential mortgage possession cases is for the lender to apply for a Warrant of Possession under County Court Order 26 Rule 17. A warrant cannot be issued without permission, more than six years after the order for possession: CCR Order 26, r 5(1)(a), CCR Order 26, r 17(6). A lender's application to issue a...

5

Orders for sale after Horsham - www.legalmortgage.co.uk

http://www.legalmortgage.co.uk/orders-for-sale-after-horsham/4538803765

Orders for sale after Horsham - www.legalmortgage.co.uk. Orders for sale after Horsham. Horsham Properties Group Ltd v Clark [2009] 1 WLR 1255. This case has been reported principally as a case involving Human Rights. However, the issues are fairly far-reaching and involve the exercise of the power of sale without recourse to the courts, thereby avoiding the court's statutory powers under s 36 Administration of Justice Act 1970. And thereby obtain possession without engaging s 36 Administration of Justic...

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More Info Further Reading. Top Property Law Library. The Library contains articles, summaries of cases, statutes, statutory instruments and other material prepared by a number of property law experts. With links to sources. The material monthly is added to the Library. And placed in the appropriate place. You can send us an email. If you want to know more about Property or Land Law; we will get back to you as soon as we are able. Designers: Smart and Creative Web Design. Or Property Law WashLaw Web.

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