Land Law unit 6 - Mortgages

Santley v Wilde

‘A mortgage is a conveyance of land or an assignment of chattels as a security for the payment of a debt or the discharge of some obligation.’

Kreglinger v New Patagonia Meat

A collateral contract was held as separate to the mortgage (so could continue after the mortgage was redeemed); it was a fair contractual bargain.

Samual v Jarrah

An option to purchase granted with a mortgage will generally be void

Reeve v Lisle

An option to purchase may be valid if it is entered into as a separate agreement, independent from the mortgage

Four Maids v Dudley Marshall

A mortgagee has the right of immediate possession as the ink dries on the mortgage deed

Cheltenham & Gloucester Building Society v Norgan

Possession can be postponed if the borrower can repay within a reasonable period. ‘Reasonable period’ can be as long as the entire mortgage term.

Barclays Bank v O’Brien

Sets out the categories of undue influence; 1. Actual. 2a) Presumed undue influence through certain relationships ie solicitor/client. 2b) Presumed undue influence - Relationship of trust and confidence had to be proven.

RBS v Etridge

Protocol - Reasonable steps should be taken to protect potentially vulnerable parties in non-commercial transactions.