Repossession allowed
Repossession allowed
- 1990
- Times 30/3/90 p31(2) .
Abbey National Building Society v Cann and others HL 29 March 1990. The House of Lords dismissed the appeal that the mortgagor`s mother had an overriding interest in the property about to be repossessed following the son`s default of mortgage payments, since she was unable to prove actual occupation of the property at the time of transfer, which would have given her an interest in the property under Land Registration Act 1925 s70(1)(g) and also since she was aware that her son had insufficient funds to buy the house.
Abbey National Building Society v Cann and others HL 29 March 1990. The House of Lords dismissed the appeal that the mortgagor`s mother had an overriding interest in the property about to be repossessed following the son`s default of mortgage payments, since she was unable to prove actual occupation of the property at the time of transfer, which would have given her an interest in the property under Land Registration Act 1925 s70(1)(g) and also since she was aware that her son had insufficient funds to buy the house.