(Singapore) A judgment creditor who obtains a charging order against his debtor’s property can take only such interest as the debtor has in the property. Charging orders take effect subject to prior mortgages, whether legal or equitable.
Citations:
[1970] AC 767
Jurisdiction:
England and Wales
Cited by:
Cited – Boscawen and Others v Bajwa and Others; Abbey National Plc v Boscawen and Others CA 10-Apr-1995
The defendant had charged his property to the Halifax. Abbey supplied funds to secure its discharge, but its own charge was not registered. It sought to take advantage of the Halifax’s charge which had still not been removed.
Held: A mortgagee . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 06 December 2022; Ref: scu.259367
