Birmingham Midshires Mortgage Services Ltd v Sabherwal
Birmingham Midshires Mortgage Services Ltd v Sabherwal
- 2000
- Property and Compensation Reports [2000] 80 P&CR 256-263(5) .
CA 17 December 1999. S's two sons purchased a house funded by family savings and a mortgage from Barclays. House registered in sons names but S was entitled to a significant equitable interest in the house. BMMS made a loan to the sons, part of which was used to pay off the mortgage. S signed a form of consent agreeing that any rights she jhad were to be postponed and made subject to BMMS's rights under its charges. Sons defaulted on the loan and possession proceedings were started. S calimed an equitable interest as a tenant in common. Judge held S's equitable interest had been overreached by BMMS's charges. S appealed. "Held" appeal dismissed.
BIRMINGHAM MIDSHIRES MORTGAGE SERVICES LTD V SABHERWAL
TRUSTS OF LAND AND APPOINTMENT OF TRUSTEES ACT 1996
EQUITABLE INTEREST
TRUSTS
POSSESSION
CA 17 December 1999. S's two sons purchased a house funded by family savings and a mortgage from Barclays. House registered in sons names but S was entitled to a significant equitable interest in the house. BMMS made a loan to the sons, part of which was used to pay off the mortgage. S signed a form of consent agreeing that any rights she jhad were to be postponed and made subject to BMMS's rights under its charges. Sons defaulted on the loan and possession proceedings were started. S calimed an equitable interest as a tenant in common. Judge held S's equitable interest had been overreached by BMMS's charges. S appealed. "Held" appeal dismissed.
BIRMINGHAM MIDSHIRES MORTGAGE SERVICES LTD V SABHERWAL
TRUSTS OF LAND AND APPOINTMENT OF TRUSTEES ACT 1996
EQUITABLE INTEREST
TRUSTS
POSSESSION