Land Law: Mortgages cases

S.36 AJA not designed to protect a mortgagor from the mortgagee's common law right to possession. As took possession peaceably and sold while the property was vacant.

Husband persuaded wife to mortgage home to Barclays for this business. Lord Browne Wilkinson's classes of undue influence.

Bank has duty to ensure that borrower has been properly advised.

Considerations for what a 'reasonable period' may be. S.36 not to be used repeatedly.

Court can order sale under S.91 LPA despite negative equity.

Right of possession allowed at any time, mortgagor little protection. Pre- s.36 AJA 1970.

When property bought with a mortgage, it is considered as one indivisible transaction.

Mortgagee under obligation to get best price obtainable at the time of sale.

Deposit of title deeds sufficient for an agreement to create a charge under s.205 (1)(i).