Mortgage - proceeds of sale
Series: Estates Gazette Case Summaries ; [2002] 12 EG 133 (CS)Publication details: 2002Subject(s): Summary: "Barclays Bank plc v Burgess and another" CA 11 March 2002. Appellant and her husband (B) purchased house with the aid of mortgage from respondent bank (A). Money was also lent for the purposes of B's business which fell into difficulty and A brought proceedings to recover the money and gained a possession order. The judge held that Law of Property Act 1925 s105 did not apply on this occasion because B had sold the property themselves. B's appeal was allowed. The central issue being the appropriate basis for apportioning the sale proceeds.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Books | WB3812-25 (Browse shelf(Opens below)) | 1 | Available | 117311-1001 |
"Barclays Bank plc v Burgess and another" CA 11 March 2002. Appellant and her husband (B) purchased house with the aid of mortgage from respondent bank (A). Money was also lent for the purposes of B's business which fell into difficulty and A brought proceedings to recover the money and gained a possession order. The judge held that Law of Property Act 1925 s105 did not apply on this occasion because B had sold the property themselves. B's appeal was allowed. The central issue being the appropriate basis for apportioning the sale proceeds.