Tag Archive for 'mortgage'

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The good nephew

A rather odd case dealing with competing charges on a right to buy property turned up at the High Court. Brighton & Hove City Council v Audus [2009] EWHC 340 (Ch) was an attempt by Brighton to challenge the validity of a second charge on the property held by the titleholder’s nephew, Mr Audus. Brighton were trying to ensure that there was some, or rather considerable, equity in the property against which their charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983 (for care home costs) could take effect.

The facts were briefly as follows. Mr & Mrs Bull were joint secure tenants … Read the full post

With friends like these…

Cheval Bridging Finance Ltd v Bhasin and others [2009] EWCA Civ 1613.

Mrs Bhasin had lived at 9 Long Acre Drive since May 1975. Initially, she was a tenant of the local authority but, in c.1988, she purchased the property under the “Right To Buy” scheme and it was registered in her sole name.

Some years later, she married Mr Bhasin, who moved in to the property and, in 2003, she took out a mortgage with I Group for some c.£210,000 in order to fund the development of an “granny flat” for her mother to live in.

In late 2003 or early 2004, Mr Bhasin left the family home and … Read the full post



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