Bankers Trust v Namdar
Bankers Trust v Namdar
- 1995
- New Property Cases (1995) NPC 139 .
ChD 18 July 1995. A mortgagee may not subrogate on the basis of an obligation which is only assumed contingently and the doctrin of `partial performance` is used to form the basis of an application under s30 Law of Property Act 1925 on the basis that by mortgaging his property and/or leaving his family, a husband had terminated a collateral purpose overriding the duty to sell a co-owned family home. Not to be photocopied.
BANKS
FAMILY HOME
MATRIMONIAL HOME
MORTGAGES
POSSESSION
SUBROGATION
ChD 18 July 1995. A mortgagee may not subrogate on the basis of an obligation which is only assumed contingently and the doctrin of `partial performance` is used to form the basis of an application under s30 Law of Property Act 1925 on the basis that by mortgaging his property and/or leaving his family, a husband had terminated a collateral purpose overriding the duty to sell a co-owned family home. Not to be photocopied.
BANKS
FAMILY HOME
MATRIMONIAL HOME
MORTGAGES
POSSESSION
SUBROGATION