Norwich and Peterborough Building Society v Steed (No2)
Norwich and Peterborough Building Society v Steed (No2)
- 1993
- All England Law Reports (1993) 1 All ER 330-348(9) .
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.
FRAUD
LAND CHARGES REGISTER
LAND REGISTRATION ACT 1925 S82(1)
POWER OF ATTORNEY
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.
FRAUD
LAND CHARGES REGISTER
LAND REGISTRATION ACT 1925 S82(1)
POWER OF ATTORNEY