Description
This title covers all aspects of the law of mortgages, including what mortgages and charges are, parties to mortgages, void or imperfect securities, transfer and devolution of mortgages, mortgagee’s remedies, priorities of mortgages, incidence of the mortgage debt, discharge of the mortgage, accounts and costs. Covering all aspects of the subject, it has been fully updated to take account of the changes in the law since the last edition was published, including: Recent developments in the law regarding charging orders, including Midtown Acquisitions LP v Essar Global Fund Ltd, where the court rejected any “first past the post” principle or rule, as between the two judgment creditors, and reaffirmed the need to bring about a pari passu outcome. The application of the principle in Henderson v Henderson to the re-opening of mortgage accounts in subsequent proceedings, as explained in John Lawrence Monks v National Westminster Bank Plc. Voidable mortgages and the concept of “mistake” for rectification under the Land Registration Act 2002: NRAM Ltd v Evans and Antoine v Barclays Bank. Recent Supreme Court authority on subrogation: Menelaou v Bank of Cyprus plc, Investment Trust Companies v Revenue and Customs Commrs and Swynson Ltd v Lowick Rose llp. New cases concerning mortgagees’ remedies, including receivers, discretionary orders for sale, self-dealing, and the impact of the Disability Discrimination Act 1995. Construing potentially conflicting mortgage offers and standard terms, in particular in the context of ‘tracker mortgages’ – Alexander v West Bromwich.
