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10 Cards in this Set

  • Front
  • Back

1. Creation of a Mortgage Prior to the LCLRA

a) Legal, Unregistered

Key is the transfer of ownership.

- Conveyance of the fee simple subject to equity of redemption

-Demise (lease), sub-demise, assignment (i.e conveyance of leasehold ownership) subject to equity of redemption

1(b): Legal, registered.

Key is no transfer of ownership.

A charge under s. 62 Registration of Title Act 1964

1(c): Equitable, unregistered

-Conveyance of equitable interest

-Agreement for a mortgage that either complies with SoF or has been part-performed.

-Deposit of title deeds

1(d): Equitable, registered

-Deposit of Land Certificate (s.105 RTA 1964)

-Agreement for a charge


2. Creation of a Mortgage post-LCLRA

a) Legal

No difference between registered and unregistered.

Key: No transfer of ownership.

Charge. s. 89 LCLRA 2009.

2(b): Equitable, Unregistered

No change. s 89(6): LCLRA 2009

2(c): Equitable, registered

-Deposit of Land Certificate (105 RTA 1964) until 1 January 2010 (Registration of Deeds and Title Act 2006

- Agreement for a charge


3. Patrick Harrold v Nua Mortgages Ltd

Borrower claimed mortgage company had engaged in 'reckless lending' by creating the money 'out of thin air'.

Kearns J dismissed it, saying there is no tort of reckless lending and the claim was frivolous.

OPCA litigants, financially distressed people who disrupt court proceedings based on bad advice from people looking to interfere. Organised Pseudolegal Commercial Argument. From Meads v Meads.

4. Mortgagor's Rights

- Retain possession of the property

-Maintain actions to protect that possession against third parties with no better right

-Inspect/obtain copies of the title deeds

-Sell her interest in the property

-Equity of redemption. The mortgagor's right to redeem their property, once they have repaid the loan and any interest owed.

4 (b): Rights Continued