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Mortgage of beneficial interest

Series: Estates Gazette Case Summaries ; [2000] EGCS 35 (1)Publication details: 2000Subject(s): Summary: 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.
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News article London News article 1 Available 105016-1001

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.