Thompson v Foy [electronic resource] The Mortgage Business v Foy and Thompson
Thompson v Foy The Mortgage Business v Foy and Thompson [electronic resource]
- 2009
[2009] EWHC 1076 (Ch), 20 May 2009. Mrs Julie Foy (F) was registered as proprietor of Valley View, Hillside, Stretton, Alfreton in Derbyshire on 22 January 2007. On 5 April 2007 she granted a mortgage over the property to The Mortgage Business plc (MB) which was subsequently registered as proprietor of the charge. Mrs Foy's mother, Mrs Thompson (T), claimed that she was entitled to set aside the documents by which Mrs Foy came to be registered as proprietor of the property, and that her right to do so took priority over the registered charge because it was an overriding interest. Held: T does not fall within the exceptions set out in the Land Registration Act 2002 schedule 3, paragraph 2, and cannot therefore set aside the transaction. In addition, T executed the assent transferring the legal title to F in order to enable money to be raised through a mortgage. T is therefore precluded from relying as against MB upon any right to set aside the assent for undue influence.
THOMPSON V FOY
THE MORTGAGE BUSINESS V FOY AND THOMPSON
LAND REGISTRATION ACT 2002
England and Wales--1543-
[2009] EWHC 1076 (Ch), 20 May 2009. Mrs Julie Foy (F) was registered as proprietor of Valley View, Hillside, Stretton, Alfreton in Derbyshire on 22 January 2007. On 5 April 2007 she granted a mortgage over the property to The Mortgage Business plc (MB) which was subsequently registered as proprietor of the charge. Mrs Foy's mother, Mrs Thompson (T), claimed that she was entitled to set aside the documents by which Mrs Foy came to be registered as proprietor of the property, and that her right to do so took priority over the registered charge because it was an overriding interest. Held: T does not fall within the exceptions set out in the Land Registration Act 2002 schedule 3, paragraph 2, and cannot therefore set aside the transaction. In addition, T executed the assent transferring the legal title to F in order to enable money to be raised through a mortgage. T is therefore precluded from relying as against MB upon any right to set aside the assent for undue influence.
THOMPSON V FOY
THE MORTGAGE BUSINESS V FOY AND THOMPSON
LAND REGISTRATION ACT 2002
England and Wales--1543-