The mortgagee`s claim: a question of priority
Language: English Series: Law Society`s Gazette ; 87(6) 14 February 1990, 31-32(2)Publication details: 1990Subject(s): Summary: Investigates the case of Abbey National Building Society v Cann , (CA decision awaited), which may determine how financial institutions lend money on the security of the family home. The principle is based on some species of estoppel. It permits a mortgagee to defeat the claim of an owner of an equitable interest in land if when the mortgage was granted an intention can be imputed to the equitable owner that their interest was subject to the rights of the mortgagee. In these circumstances the equitable owner has no enforceable right which can trigger the mechanism of the Land Registration Act 1925 s70(1)(g) . Even if they are in actual occupation of the land when the legal change takes place.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS42236 (Browse shelf(Opens below)) | 1 | Available | 35575-1001 |
Investigates the case of Abbey National Building Society v Cann , (CA decision awaited), which may determine how financial institutions lend money on the security of the family home. The principle is based on some species of estoppel. It permits a mortgagee to defeat the claim of an owner of an equitable interest in land if when the mortgage was granted an intention can be imputed to the equitable owner that their interest was subject to the rights of the mortgagee. In these circumstances the equitable owner has no enforceable right which can trigger the mechanism of the Land Registration Act 1925 s70(1)(g) . Even if they are in actual occupation of the land when the legal change takes place.