Mortgage of beneficial interest
Mortgage of beneficial interest
- 2000
- Estates Gazette Case Summaries [2000] EGCS 35 (1) .
ChD 25 February 2000. "Mortgage Corporation Ltd v Shaire and others" House in joint names of unmarried couple S and F. A loan was secured on 25% beneficial loan of deceased partner F. Lender seeking order for sale under the Trusts of Land and Appointment of Trustees Act 1996 S14. S resisting application. Issue whether lender was able to rely on principles applied under previous legislation. Held, different considerations applied to applications under the 1996 Act.
JOINT OWNERS
BENEFICIAL INTEREST
MORTGAGE CORPORATION LTD V SHAIRE AND OTHERS
TRUSTS OF LAND AND APPOINTMENT OF TRUSTEES ACT 1996 S14
ORDERS FOR SALE
ChD 25 February 2000. "Mortgage Corporation Ltd v Shaire and others" House in joint names of unmarried couple S and F. A loan was secured on 25% beneficial loan of deceased partner F. Lender seeking order for sale under the Trusts of Land and Appointment of Trustees Act 1996 S14. S resisting application. Issue whether lender was able to rely on principles applied under previous legislation. Held, different considerations applied to applications under the 1996 Act.
JOINT OWNERS
BENEFICIAL INTEREST
MORTGAGE CORPORATION LTD V SHAIRE AND OTHERS
TRUSTS OF LAND AND APPOINTMENT OF TRUSTEES ACT 1996 S14
ORDERS FOR SALE