WebCityland and Pr operty v. Dabrah and Multiservice Bookbinding v. Mar den; and secondly, section 140A and B of the Consumer Credit Act 1974 ... the true market value of the property on sale – see Cuckmer e Brick Co Ltd v. Mutual Finance . Ltd. Cases such as Silven Pr operties Ltd v. Royal Bank of Scotland, Aodhcon LLP v. Bridgeco WebNov 23, 2024 · Cityland and Property (Holdings) Ltd v Dabrah: 1968. The mortgage secured a debt of pounds 2,900 owing by the mortgagor to the mortgagee. The mortgagor …
Propriety Claims in Common Law - LawTeacher.net
WebA right to have oppressive/ unconscionable terms struck out: Cityland & Property (Holdings) Ltd v Dabrah [1968]: Support provided by statute. Ability to have mortgage set aside where evidence of undue influence: Royal Bank of Scotland plc v Etridge (No 2) [2002] Possession: ( AJA 1970/ 1973 where a dwelling house) WebCityland & Property Holdings v Dabrah. Court rewrote the mortgage bargain and reduced the interest rate from 19% (which increased to 38% on default) to 7%, as there had been an inequality of bargaining power, because borrower would have lost his home if he didn't accept the loan. making youtube account private
MORTGAGES Flashcards Quizlet
WebMar 28, 2024 · This rule was later applied in Cityland and Property Ltd v Dabrah where a punitive premium clause for early redemption was allowed to stand by the courts (166). As a rule, statutory provisions need to be followed to the letter if charges and mortgages are to have validity. Without validity, the lender cannot have adequate security for loaned monies WebFour-Maids Ltd v Dudley Marshall (Properties) Ltd Having a lease means that the mortgagee has the right to take possession of the property 'before the ink is dry on the mortgage' even if the repayments of the loan are made in accordance with the agreement Regent Oil Co v Gregory Webwarnborough v garmite different to jones v morgan: 1. jones- lapse in time (option to repurchase 8 years later) warnborough- all in one contract 2. courts will not take words used in the agreement as definitive. just because it is called a mortgage does not automatically make it a mortgage. look at nature and purpose of arrangement. making youtube channel public