Birmingham Midshires Mortgage Services Ltd v Sabherwal
Series: Property and Compensation Reports ; [2000] 80 P&CR 256-263(5)Publication details: 2000Subject(s): Summary: 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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS62792 (Browse shelf(Opens below)) | 1 | Available | 108033-1001 |
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.