Equity and Law Home Loans Ltd v Prestidge: CA 1992

A house was bought in the name of one partner in an unmarried couple. It was subject to a mortgage, and the non-owner contributed a capital sum. The landowner later remortgaged for a larger sum, but without the partner’s consent. The landowner then left without making repayments, and the lender sought possession.
Held: The charge ranked ahead of any interest of the non-owner, and an order for possession was made. It ranked ahead however only to the extent of the original mortgage.

Citations:

[1992] 1 WLR 137, [1992] 1 All ER 909

Jurisdiction:

England and Wales

Citing:

AppliedBristol and West Building Society v Henning CA 2-Apr-1985
. .
AppliedGrant v Edwards and Edwards CA 24-Mar-1986
A couple were not married but lived together in Vincent Farmhouse in which the plaintiff claimed a beneficial interest on separation. The female partner was told by the male partner that the only reason for not acquiring the property in joint names . .

Cited by:

AppliedLocabail (UK) Ltd and Another v Waldorf Investment Corporation and Others ChD 31-Mar-1999
A consent to a mortgage on a property, allowed a bank to substitute a second charge for the first, without the owners consent, but this was limited to the extent and value of the first charge. There was no argument to limit the effect of the second . .
CitedCastle Phillips Finance v Piddington CA 1995
The wife charged the matrimonial home to Lloyds to secure the husband’s indebtedness. The husband subsequently agreed with Barclays for the indebtedness to be refinanced. The husband and an accomplice forged her signature on a transfer of the . .
Lists of cited by and citing cases may be incomplete.

Equity, Land

Updated: 28 April 2022; Ref: scu.180909