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5 Cards in this Set
- Front
- Back
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Unless contracted out, you can take possession “before the ink is dry on the mortgage”
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Four Maids v Dudley Marshall (1957)
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Must manage with due diligence; you must account for any income you would have received if you managed properly
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White v City of London Brewery (1889)
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You do not have to go to court to obtain a possession order, you can do physical re-entry (watch out for Criminal Law Act)
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Ropaigealach v Barclays Bank (1999)
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Human rights (respect for private and family life and peaceful enjoyment of possessions) considered and rejected in the public interest
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Horsham Properties v Clark and Beech (2008)
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Duties when exercising power of sale:
a. Lender must act in good faith and not cheat borrower b. Take reasonable care to obtain true market value, bot not obliged to delay sale to maximise |
Cuckmere Brick v Mutual Finance (1971)
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