Norwich and Peterborough Building Society v Steed (No2)
Language: English Series: All England Law Reports ; (1993) 1 All ER 330-348(9)Publication details: 1993Subject(s): Summary: CA 5 March 1992. The appellant`s house was fraudulently conveyed to relatives who then borrowed, and defaulted on, a mortgage from the respondent N. From the loan the relatives had paid off the local authority charge leaving N registered as charge holder. N obtained a possession order for the house but S, who had joined the proceedings successfully appealled to set it aside on the grounds that the conveyance was based on a forgery. A retrial was ordered to establish the facts of the conveyance. Forgery was dropped as a defence and S relied on a plea of non est factum. This failed and the judge concluded that the transfer was not void, merely avoidable. he ordered the proprietorship register be rectified but not the charges register. S`s appeal to the CA was dismissed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | Z2939 (Browse shelf(Opens below)) | 1 | Available | 50049-1001 |
CA 5 March 1992. The appellant`s house was fraudulently conveyed to relatives who then borrowed, and defaulted on, a mortgage from the respondent N. From the loan the relatives had paid off the local authority charge leaving N registered as charge holder. N obtained a possession order for the house but S, who had joined the proceedings successfully appealled to set it aside on the grounds that the conveyance was based on a forgery. A retrial was ordered to establish the facts of the conveyance. Forgery was dropped as a defence and S relied on a plea of non est factum. This failed and the judge concluded that the transfer was not void, merely avoidable. he ordered the proprietorship register be rectified but not the charges register. S`s appeal to the CA was dismissed.