The appellant challenged a mortgagee’s possession order saying that the loan agreements sought to be enforced were invalid and the charges unenforceable. The loan had been in two parts. She said that as a multi-part agreement it fell within section 18. Held: The court considered the authorities including an article by Mr Bennion on the … Continue reading Heath v Southern Pacific Mortgage Ltd: ChD 29 Jan 2009

The borrower had first borrowed money on mortgage (the 1989 loan) to pay off an existing third party mortgage (as well as raising additional funds) and later paid off the new mortgage as part of the process of substituting that mortgage for a different one from the same lender. One issues was whether the 1989 … Continue reading The National Home Loans Corporation v HannahRahman: 1997