Land owners had entered into sale and rentback agreements. The buyers had taken out loans to complete the purchasers, but had then defaulted, having misrepresented the nature of the agreements to their lenders and the sellers. The lenders now brought possession actions.
Held: The court made the orders for possession following determination of three preliminary issues in nine test cases. In short, he considered that the effect of the Land Registration Act 2002 and case law, including in particular Abbey National Building Society v Cann [1991] 1 AC 56, meant that the mortgagees’ right to enforce their security has priority over the rights of the vendors to remain in occupation of their homes and there was no legal defence to the mortgagees’ claims for possession.
Judges:
Behrens J
Citations:
[2010] EWHC 2991 (Ch)
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Abbey National Building Society v Cann HL 29-Mar-1990
Registered land was bought with an advance from the plaintiff. The transfer and charge were registered one month later, but in the meantime, the buyer’s parents moved in. When the buyer defaulted, his mother resisted possession proceedings, saying . .
Lists of cited by and citing cases may be incomplete.
Land, Registered Land
Updated: 04 June 2022; Ref: scu.430492