Halifax Mortgage Service Ltd v Muirhead
Halifax Mortgage Service Ltd v Muirhead
- 1998
- Property and Compensation Reports [1998] P&CR 418-432(15) .
CA 4 December 1997. Mr and Mrs M owned the freehold interest of a house, and held a lease for an attached ground floor flat. A mortgage secured on both properties was paid off by way of a loan from H, and the balance paid to a company of Mr M. H registered a charge against the leasehold only when there were arrears on payments, subsequently seeking possession. Mrs M was formally joined as party to the proceedings. She was able to pay a sum greater than was due under the first mortgage. "Held" appeal against possession order found.
HALIFAX MORTGAGE SERVICES LTD V MUIRHEAD
MORTGAGE ARREARS
POSSESSION
CA 4 December 1997. Mr and Mrs M owned the freehold interest of a house, and held a lease for an attached ground floor flat. A mortgage secured on both properties was paid off by way of a loan from H, and the balance paid to a company of Mr M. H registered a charge against the leasehold only when there were arrears on payments, subsequently seeking possession. Mrs M was formally joined as party to the proceedings. She was able to pay a sum greater than was due under the first mortgage. "Held" appeal against possession order found.
HALIFAX MORTGAGE SERVICES LTD V MUIRHEAD
MORTGAGE ARREARS
POSSESSION