000 01477cab a2200265 4500
001 ABS57382
008 090401t1997 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u79917
041 _aeng
245 _aPenn v Bristol and West Building Society and others
260 _c1997
350 _a0
490 _aAll England Law Reports
_v[1997] 3 All ER 470-480(11)
520 _aCA 16 April 1997. Mr and Mrs P owned a home under a mortgage loan as beneficial tenants. Mr P and a business partner (W) decided to execute a mortage fraud consisting of the purported sale of the house to W. Mrs P was totally ignorant of the action. The defendant solicitor (S) acted on the sale, thinking he was taking instruction from both Mr and Mrs P, and holding himself out as doing so to the solicitor acting for W and the lender (B). B advanced money to W, executing a charge over the house in their favour. Mrs P discovered what had happened and commenced proceedings against B, Mr P, W and S. The court found B`s charge over the house null and void, awarding damages against S. On B`s counterclaim S was ordered to pay B`s costs. Appeal by S dismissed.
650 _aCONVEYANCING
650 _aJOINT OWNERS
650 _aMORTGAGE FRAUD
650 _aPENN V BRISTOL & WEST BUILDING SOCIETY AND OTHERS
650 _aSOLICITORS
650 _aVENDOR AND PURCHASER
650 _aWARRANTIES
690 _aPROPERTY LAW AND PRACTICE-CASE LAW
942 _n0
948 _c25/07/1997
999 _c50296
_d50296