000 01691cad a22002175a 4500
001 E147872
008 090625e20090520xxk f v 000 0 eng d
035 _a(Sirsi) u147872
041 0 _aeng
245 0 4 _aThompson v Foy
_bThe Mortgage Business v Foy and Thompson
_h[electronic resource]
260 _c2009
520 _a[2009] EWHC 1076 (Ch), 20 May 2009. Mrs Julie Foy (F) was registered as proprietor of Valley View, Hillside, Stretton, Alfreton in Derbyshire on 22 January 2007. On 5 April 2007 she granted a mortgage over the property to The Mortgage Business plc (MB) which was subsequently registered as proprietor of the charge. Mrs Foy's mother, Mrs Thompson (T), claimed that she was entitled to set aside the documents by which Mrs Foy came to be registered as proprietor of the property, and that her right to do so took priority over the registered charge because it was an overriding interest. Held: T does not fall within the exceptions set out in the Land Registration Act 2002 schedule 3, paragraph 2, and cannot therefore set aside the transaction. In addition, T executed the assent transferring the legal title to F in order to enable money to be raised through a mortgage. T is therefore precluded from relying as against MB upon any right to set aside the assent for undue influence.
590 _aKA
650 2 4 _aTHOMPSON V FOY
650 2 4 _aTHE MORTGAGE BUSINESS V FOY AND THOMPSON
650 2 4 _aLAND REGISTRATION ACT 2002
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-ACQUISITION AND DISPOSAL OF PROPERTY
856 4 0 _uhttps://www.bailii.org/ew/cases/EWHC/Ch/2009/1076.html
_zView the case free of charge at www.bailli.org...
942 _n0
999 _c81664
_d81664