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Executive Finance has lent H £15,000 which is secured by way of a registered charge over H’s property. H has defaulted on repayments. The bottom line for E is that it wants its money back
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SN; 20208239 Executive Finance has lent H £15,000 which is secured by way of a registered charge over H's property. H has defaulted on repayments. The bottom line for E is that it wants its money back. It would seek to do so by selling the house. E presumably has the power to sell the house under the mortgage agreement as a result of H's default. The issue in this scenario is whether E can prevent the sale of the house. This depends on whether she has an interest in the property, and whether this interest binds the bank which in turn turns principally, on these facts, on whether she is in actual and apparent occupation at the time of the mortgage, and on whether she can be taken to have consented to the mortgage. As we have been informed H & E are unmarried therefore E has no statutory interest in...
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