Deck 10: The Law of Mortgages

Question 1

the equity of redemption is in itself a property right.

Answer 1

True

Question 2

Where a legal owner attempts to create a legal mortgage and fails due to lack of registration and deed, what must he still ensure in order that there be an equitable mortgage?

Answer 2

No Answer.

Question 3

Why did the court use section 28 Land Registration Act 2002 to determine priorities rather than section 29 in Halifax v. Popeck?

Answer 3

No Answer.

Question 4

Does a mortgagee have to take possession of a property before selling it? Give a case law example.

Question 5

Is it possible for a mortgagee to obtain possession without a court order? Justify your answer by reference to the case law.

Question 6

How do equitable mortgages operate post 2002?

Question 7

What formality rules must an equitable mortgage comply with where the mortgagee has only an equitable interest in the property?

Question 8

In which case in 2005 did the Court of Appeal grant a mortgage as a result of an estoppel?

Question 9

What was the reason that the bank was granted an equitable mortgage through estoppel in Halifax v. Popeck?

Question 10

If the court had used section 29 Land Registration Act 2002 to determine priorities in Halifax v. Popeck what would have been the effect on Halifax's equitable charge?

Question 11

Is it ever possible to have a valid term postponing the date of redemption?

Question 12

Why was the option to purchaser provision valid in Warnborough v. Garmite?

Question 13

Will it ever be possible for a mortgagor to obtain an order for sale under section 91 Law of Property Act 1925 where the sale will not pay off the mortgagee debt? Justify your answer by reference to the case law.

Question 14

Terms in a mortgage which are so unfair or unreasonable that they '___' will be struck down by the court.

Question 15

What is the effect of Abbey National Building Society v. Cann on the problem of the scintilla temporis?

Question 16

What method can be used to protect an equitable mortgage against a purchaser in relation to registered land?

Question 17

it is no longer possible to create an equitable mortgage by depositing the title deeds with the mortgagee. Justify your answer by reference to the case law.

Question 18

it is not possible to include a term giving the mortgagee an option to purchaser the mortgaged property. Justify by reference to the case law.

Question 19

a mortgagee is a trustee of the power of sale for the benefit of the mortgagor.

Question 20

collateral advantage, such as a requirement that the mortgagor obtain all his supplies from the mortgagee, are permitted so long as they do not bar the right to redeem and cease once the mortgage is redeemed.

Question 21

a mortgage granted by a registered proprietor which was obtained by forgery is susceptible to being rectified off the register.

Question 22

Under which class is an equitable mortgage registrable as a land charge under the Land Charges Act 1972?

A) Class D(iii)
B) Class C(ii)
C) Class C(i)
D) Class C(iii)

Question 23

What is the effect of the passing of the contractual date for redemption?

A) It makes the mortgagee's contractual remedies available
B) It means that the mortgagee owns the freehold interest in the property
C) It means that the mortgagor is no longer able to arrange a new mortgage for his property
D) It means that the mortgagee has no remedies anymore since the mortgage is at an end

Question 24

Which of the following is not one of the conditions specified in section 103 Law of Property Act 1925?

A) Notice requiring payment of the whole sum has been served and the mortgagor is three months in arrears with this payment since the notice was served
B) The mortgagee has arranged for a second mortgage over their property whether or not this is prohibited in the mortgage deed
C) The interest under the mortgage is in arrears and unpaid for two months
D) The mortgagor has breached a term of the mortgage deed other than the requirement to pay the money due

Question 25

What is the 'legal date of redemption'?

Question 26

What is the only method of creation of a legal mortgage over the registered title after 13 October 2003?

Question 27

Is it possible to grant a charge over a leasehold interest?

Question 28

What is meant by the requirement that the charge must be expressed to be by way of legal mortgage?

Question 29

What is the effect of failing to register an attempted legal mortgage by way of a charge?

Question 30

The rules relating to the clog on the equity of redemption are summaries according to the slogan: ___.