Bankers Trust Co v Namdar and Namdar
Bankers Trust Co v Namdar and Namdar
- 1997
- New Property Cases [1997] NPC 22(5) .
CA 17 February 1997. Subrogation is not granted to a creditor presenting itself as both creditor and lender. An equitable mortgage may be created over half a share in a joint tenancy even where the subject matter is the family home and where the other joint tenant is the spouse. The marriage having come to an end, so with it any collateral purpose and the mere fact there were infant children of the marriage did not revive it. HEADNOTE FROM JOURNAL (NOT TO BE PHOTOCOPIED)
BANKERS TRUST CO V NAMDAR
JOINT TENANCY
MORTGAGES
CA 17 February 1997. Subrogation is not granted to a creditor presenting itself as both creditor and lender. An equitable mortgage may be created over half a share in a joint tenancy even where the subject matter is the family home and where the other joint tenant is the spouse. The marriage having come to an end, so with it any collateral purpose and the mere fact there were infant children of the marriage did not revive it. HEADNOTE FROM JOURNAL (NOT TO BE PHOTOCOPIED)
BANKERS TRUST CO V NAMDAR
JOINT TENANCY
MORTGAGES