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Mortgage subrogation

Language: English Series: Estates Gazette Case Summaries ; [1998] EGCS 36 (14/03/98)Publication details: 1998Subject(s): Summary: "Banque Financiere de la Cite v Parc (Battersea) Ltd and others" HL 26 February 1998. Two lenders making successive advances secured on borrowers land - second lender an associated company of borrowing company - appellant bank making third loan for purpose of reducing borrowers indebtedness to first lender - appellant taking no security but acting on strength of postponement letter issued on behalf of second lender and others - borrower defaulting - whether appellant partly subrogated to position of first lender - whether second lender would otherwise be unjustly enriched at expense of appellant. (HEADNOTE FROM JOURNAL)

"Banque Financiere de la Cite v Parc (Battersea) Ltd and others" HL 26 February 1998. Two lenders making successive advances secured on borrowers land - second lender an associated company of borrowing company - appellant bank making third loan for purpose of reducing borrowers indebtedness to first lender - appellant taking no security but acting on strength of postponement letter issued on behalf of second lender and others - borrower defaulting - whether appellant partly subrogated to position of first lender - whether second lender would otherwise be unjustly enriched at expense of appellant. (HEADNOTE FROM JOURNAL)