Mortgagee Identification And Rights

Summary

In property transactions, the mortgagee is the lender, such as ABMF Bank plc, who provides a loan secured by a mortgage. Statutory provisions like Sections 27(1) and 27(2)(f) of the Land Registration Act 2002 require registration for a mortgage to operate at law. The equity of redemption refers to the mortgagors rights, including repayment. Section 29 of the Land Registration Act 2002 gives priority to equitable mortgages with a notice on the Charges Register. Mortgagees must ensure borrowers understand transactions, as per Royal Bank of Scotland v Etridge. Legal provisions like Section 1(2)(c) of the Law of Property Act 1925 allow mortgages to take effect as legal interests. Overriding interests can bind registered owners even if unregistered.

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Raheem has recently transferre**** the freehol**** title to * Brook Roa**** to Ellen. Ellen pai**** the purchase price for the property with the help of a loan from ABMF Bank plc, secure**** by a mortgage that Ellen grante**** over the property. In relation to the mortgage that Ellen grante****, who is the mortgagee? Question 1Select one: a. ABMF Bank plc. b. Ellen. c. Raheem.
The mortgagee is the party that len****s the money secure**** by the mortgage. In this case, ABMF Bank plc is the mortgagee since they provi****e**** the loan to Ellen an**** the mortgage is grante**** in their favor.
So, the correct answer is:
a. ABMF Bank plc.
Tobin owns the registere**** freehol**** title to * Con****uit Avenue. He grants Mi****west Bank plc a mortgage over the property. Which statutory provisions state that this mortgage must be complete**** by registration if it is to operate at law? Question 2Select one: a. Section * of the Lan**** Registration Act * an**** section * of the Law of Property Act *. b. Sections *(*) an**** *(*)(f) of the Lan**** Registration Act *. c. Sections *(*)(ii) an**** *(*) of the Law of Property Act *.
The correct answer is:
b. Sections *(*) an**** *(*)(f) of the Lan**** Registration Act *.
Which of the statements below most accurately ****escribes the concept of the equity of re****emption? Question 3Select one: a. This refers to the mortgagor's bun****le of rights relating to the mortgage**** property, inclu****ing the right to repay all of the capital, interest, an**** costs arising un****er a mortgage. b. This refers to the mortgagee's power to sell the mortgage**** property. c. This refers to the mortgagee's right to take possession of a mortgage**** property. ****. This refers to the ****uties that the mortgagor owes to the mortgagee relating to the repayment of the ****ebt secure**** by the mortgage.
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The correct answer is:
a. This refers to the mortgagor's bun****le of rights relating to the mortgage**** property, inclu****ing the right to repay all of the capital, interest, an**** costs arising un****er a mortgage.
Ahme**** has an equitable mortgage over * Multan Drive, which is registere**** lan****. Which section of the Lan**** Registration Act * establishes that Ahme****'s equitable mortgage will have priority over a subsequent conveyance of the lan**** if a notice has been entere**** on the Charges Register of the registere**** title in relation to Ahme****'s mortgage? Question 4Select one: a. Section *. b. Section *. c. Section *.
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The relevant section of the Lan**** Registration Act * that establishes Ahme****'s equitable mortgage will have priority over a subsequent conveyance of the lan**** if a notice has been entere**** on the Charges Register of the registere**** title in relation to Ahme****'s mortgage is:
a. Section *.
Lucy an**** Sarah are a cohabiting couple who jointly own their home. Lucy wants to mortgage the property to raise money for her business but pressurises Sarah to sign the mortgage ****ee****. Following Lor**** Nicholls’ ju****gment in Royal Bank of Scotlan**** v Etri****ge [*] UKHL *; [*] * AC *, which of the statements below is most accurate? Question 5Select one: a. A mortgagee shoul**** never len**** money to a mortgagor if the mortgage is secure**** against a family home an**** the loan is to be use**** to fun**** a business enterprise. b. The mortgagee shoul**** have taken reasonable steps to ensure that Sarah un****erstoo**** the nature an**** effect of the transaction. c. The mortgage is bin****ing upon Sarah because she shoul**** have ma****e sure that she receive**** in****epen****ent legal a****vice before she signe**** the ****ee****.
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The most accurate statement woul**** be:
b. The mortgagee shoul**** have taken reasonable steps to ensure that Sarah un****erstoo**** the nature an**** effect of the transaction.
In****y an**** Jamal jointly own the freehol**** title to their home. Jamal inten****s to borrow some money from ABMF Bank plc to support his business. In****y is going to be "surety" for that loan an**** has a meeting with her solicitor to ****iscuss this. Which of the following is not something that the solicitor must ****o to fulfil her professional obligations to In****y? Question 6Select one: a. The solicitor must hol**** a face-to-face meeting with In****y without Jamal present. b. The solicitor must tell In****y about the nature an**** consequences of the propose**** mortgage contract. c. The solicitor must check that In****y is happy to procee**** with the transaction. ****. The solicitor must a****vise In****y not to go ahea**** with the transaction unless she has obtaine**** a****vice about the transaction from an in****epen****ent financial a****viser.
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The correct answer is:
****. The solicitor must a****vise In****y not to go ahea**** with the transaction unless she has obtaine**** a****vice about the transaction from an in****epen****ent financial a****viser.
A solicitor's ****uty is to ensure that In****y fully un****erstan****s the implications of acting as a surety an**** that she makes an informe**** ****ecision. A****vising her to seek a****vice from an in****epen****ent financial a****viser is not a man****atory professional obligation for the solicitor.
I****entify the statement below that best ****escribes the effect of the A****ministration of Justice Acts * an**** *. Question 1Select one: a. These Acts stipulate that a mortgagee must not sell a mortgage**** resi****ential property until it has taken possession of the property. b. These Acts state that a court can suspen**** the effect of a possession or****er or a****journ possession procee****ings if a mortgage relates to a ****welling-house an**** the court believes that the mortgagor will be able to pay any sums ****ue un****er the mortgage in a reasonable perio****. c. These Acts state that a mortgagee will have committe**** a criminal offence if they take possession of a mortgage**** property without a court or****er.
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The best statement that ****escribes the effect of the A****ministration of Justice Acts * an**** * is:
b. These Acts state that a court can suspen**** the effect of a possession or****er or a****journ possession procee****ings if a mortgage relates to a ****welling-house an**** the court believes that the mortgagor will be able to pay any sums ****ue un****er the mortgage in a reasonable perio****.
Which of the statements below is not a con****ition that must be satisfie**** for the mortgagee's power of sale to become exercisable? Question 2Select one: a. The power of sale becomes exercisable if the mortgagor breaches a term of the mortgage. b. The power of sale becomes exercisable if the mortgagee has require**** repayment of the mortgage but the mortgagor is still in ****efault three months later. c. The power of sale becomes exercisable if a repayment of any interest ****ue is at least two months in arrears. ****. The power of sale becomes exercisable after the mortgagee obtains a court or****er entitling it to exercise the power of sale.
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The correct answer is:
****. The power of sale becomes exercisable after the mortgagee obtains a court or****er entitling it to exercise the power of sale.
This is not a con****ition that must be satisfie**** for the mortgagee's power of sale to become exercisable. The other con****itions liste**** are correct.
Choose the statement below that is incorrect. If a mortgagee seeks to sell a mortgage**** property... Question 3Select one: a. ...the mortgagee will not be liable to the mortgagor if the mortgagee takes appropriate steps to market a property but the price obtaine**** is lower than the market value. b. ...the procee****s of sale must be exercise**** in accor****ance with the or****er of priority specifie**** in section * of the LPA *. c. ...an**** the property market is the mi****st of a ****ownturn, the mortgagee must not exercise the power of sale until market con****itions become more favourable.
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The incorrect statement is:
c. ...an**** the property market is in the mi****st of a ****ownturn, the mortgagee must not exercise the power of sale until market con****itions become more favorable.
A mortgagee can exercise the power of sale ****espite market con****itions.
A mortgagee with a legal mortgage will usually seek to obtain possession of a mortgage**** property before exercising its power of sale. Which of the statements below most accurately ****escribes when a legal mortgagee’s right to take possession arises? Question 4Select one: a. The legal mortgagee's right to take possession is imme****iate an**** arises the moment that the ink is ****ry on the mortgage. b. The legal mortgagee's right to take possession only arises if the mortgagee gets a court or****er granting possession. c. The legal mortgagee's right to take possession only arises if the mortgagor has faile**** to repay any sums ****ue in the mortgage.
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The most accurate statement is:
a. The legal mortgagee's right to take possession is imme****iate an**** arises the moment that the ink is ****ry on the mortgage.
Is there any specific legal issue or situation relate**** to mortgages that you nee**** a****vice on?
I****entify the statement below that most accurately ****escribes the purpose of the "Pre-action Protocol for Possession Claims base**** on Mortgage or Home Purchase Plan Arrears in Respect of Resi****ential Property". Question 5Select one: a. The Pre-action Protocol states that, before commencing possession procee****ings, a mortgagee shoul**** give a mortgagor the opportunity to resche****ule a ****ebt. b. The Pre-action Protocol makes it a criminal offence to take possession of a mortgage**** property without a court or****er granting possession. c. The Pre-action Protocol ****oes not apply to mortgages of a ****welling-house.
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The correct answer is:
a. The Pre-action Protocol states that, before commencing possession procee****ings, a mortgagee shoul**** give a mortgagor the opportunity to resche****ule a ****ebt.
Do you have any other questions or nee**** further clarification?
Rosa owns the registere**** freehol**** estate in * Luxembourg Way. Which provision of the Law of Property Act * tells us that this means that she owns a legal estate in the lan****? Question 1Select one: a. Section *(*)(a). b. Section *(*)(b). c. Section *(*). ****. Section *(*)(a).
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The correct provision of the Law of Property Act * that states Rosa owns a legal estate in the lan**** is:
****. Section *(*)(a).
Is there anything else you nee**** help with to****ay?
When Rosa acquire**** the registere**** freehol**** title to * Luxembourg Way, she ****i**** so with the help of a loan from Mi****fiel**** Bank. In return for the payment of the loan, Rosa grante**** the bank a mortgage over the property. Which provision of the Law of Property Act * tells us that this mortgage is capable of taking effect as a legal interest in lan****. Question 2Select one: a. Section *(*). b. Section *(*)(a). c. Section *(*)(b). ****. Section *(*)(c). e. Section *(*)(b).
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The relevant provision of the Law of Property Act * that tells us that the mortgage is capable of taking effect as a legal interest in lan**** is:
****. Section *(*)(c).
Do you have any other questions or nee**** further clarification on this topic?
When Rosa acquire**** the registere**** freehol**** title to * Luxembourg Way, she ****i**** so with the help of a loan from Mi****fiel**** Bank. In return for the payment of the loan, Rosa grante**** the bank a mortgage over the property. Which provision of the Law of Property Act * tells us that this mortgage is capable of taking effect as a legal interest in lan****. Question 2Select one: a. Section *(*). b. Section *(*)(a). c. Section *(*)(b). ****. Section *(*)(c). e. Section *(*)(b).
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The relevant provision of the Law of Property Act * that tells us that the mortgage is capable of taking effect as a legal interest in lan**** is:
****. Section *(*)(c).
Danica owns the registere**** title to * Luxembourg Way, which is a property neighbouring * Luxembourg Way. A****rian, a previous owner of * Luxembourg Way, entere**** into a restrictive covenant with Reuben, a previous owner of * Luxembourg Way, in which A****rian promise**** not to use number * for any other purposes other than as a ****welling house. A****rian expresse**** this covenant to be bin****ing against himself an**** future owners of the property. Which provision of the Law of Property Act * tells us that this restrictive covenant coul**** only take effect as an equitable property right? Question 3Select one: a. Section *(*). b. Section *(*). c. Section *(*)(e). ****. Section *(*)(b). e. Section *(*)(****).
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The correct answer to your question is:
a. Section *(*).
This section states that restrictive covenants can only take effect as equitable property rights, not legal ones.
If you nee**** further assistance or have other legal queries, feel free to ask!
Mia owns the registere**** title to * Luxembourg Way, which is the property neighbouring * Luxembourg Way. * Luxembourg Way benefits from an easement giving a right of way over * Luxembourg Way. Which provision of the Law of Property Act * tells us that this easement is capable of taking effect as a legal interest in lan****? Question 4Select one: a. Section *(*)(b). b. Section *(*)(a). c. Section *(*)(b). ****. Section *(*). e. Section *(*)(a).
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The provision of the Law of Property Act * that tells us that an easement is capable of taking effect as a legal interest in lan**** is:
b. Section *(*)(a).
Woul**** you like any further information or have another legal question?
Which of the following statements most accurately explains the way the legal an**** equitable title to registere**** lan**** are separate**** un****er a trust of lan****? Question 5Select one: a. The legal owner always has the exclusive right to possess an**** enjoy the benefits of the lan****, regar****less of any equitable interests. b. The equitable owner has the ****ocumente**** ownership recor****e**** with the Lan**** Registry, while the legal owner enjoys the benefits of ownership. c. The legal owner hol****s the registere**** title an**** can sell, lease or mortgage the lan****, while the equitable owner enjoys the benefits of ownership.
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The most accurate statement that explains the way the legal an**** equitable title to registere**** lan**** are separate**** un****er a trust of lan**** is:
c. The legal owner hol****s the registere**** title an**** can sell, lease or mortgage the lan****, while the equitable owner enjoys the benefits of ownership.
Is there any other legal issue you nee**** information on?
Which of the following statements most accurately ****efines an overri****ing interest in English Lan**** Law? Question 6Select one: a. An interest in lan**** that, ****espite not being registere****, can still bin**** the registere**** owner an**** any subsequent purchaser who acquires the lan**** with knowle****ge of the interest. b. An interest in lan**** that is registere**** with the Lan**** Registry an**** takes priority over any unregistere**** interests. c. An interest in lan**** that has been create**** through a express ****eclaration of trust.
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The most accurate ****efinition of an overri****ing interest in English Lan**** Law is:
a. An interest in lan**** that, ****espite not being registere****, can still bin**** the registere**** owner an**** any subsequent purchaser who acquires the lan**** with knowle****ge of the interest.