Mortgagees Entry into Possession,
Sale and suing on the
Remedies covenant to repay
,What is a mortgage
Borrower/mortgagor – grants an interest in the
land to the lender/mortgagor in return for a capital
sum
Lender/mortgagee - has an interest in the land
enforceable on the breach of a covenant in the
mortgage
,When can Four Maids v Dudley:
a lender “before the ink is dry on the
go into
mortgage”
Contracting out
possessio
n?
, Limitations on Right to Possession
Usual to have breach before entry into
possession
(a) contractual agreement
(b) equitable principles
(c) S101 LPA
(d) Business sense
Sale and suing on the
Remedies covenant to repay
,What is a mortgage
Borrower/mortgagor – grants an interest in the
land to the lender/mortgagor in return for a capital
sum
Lender/mortgagee - has an interest in the land
enforceable on the breach of a covenant in the
mortgage
,When can Four Maids v Dudley:
a lender “before the ink is dry on the
go into
mortgage”
Contracting out
possessio
n?
, Limitations on Right to Possession
Usual to have breach before entry into
possession
(a) contractual agreement
(b) equitable principles
(c) S101 LPA
(d) Business sense
