Sale of mortgaged property against lender`s wishes
Language: English Series: Times ; 7 August 1992, L&T9(10)Publication details: 1992Subject(s): Summary: "Palk v Mortgage Services Funding plc" CA 31 July 1992. It was held that the court did have discretion under Law of Property Act 1925 s91 to order the sale of a house, even though the mortgage could not be redeemed completely by the selling price. The mortgagor should not have the burden of servicing the debt while the mortgagee speculated on an upturn in the property market.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | WB2832-59 (Browse shelf(Opens below)) | 1 | Available | 93933-1001 |
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"Palk v Mortgage Services Funding plc" CA 31 July 1992. It was held that the court did have discretion under Law of Property Act 1925 s91 to order the sale of a house, even though the mortgage could not be redeemed completely by the selling price. The mortgagor should not have the burden of servicing the debt while the mortgagee speculated on an upturn in the property market.