SQE Daily.

Purchaser from a mortgagee protected despite irregular exercise of power of sale (LPA s.104(2))

Kezia mortgaged her freehold warehouse in Bradford, England, to Northvale Bank plc by a legal charge. The legal date for redemption has passed, so the statutory power of sale has arisen, and the charge does not vary the statutory conditions on its exercise. When Kezia's interest payments were only one month in arrears, and without serving any notice requiring payment, Northvale sold the warehouse at full market value to Omar, who acted in good faith and knew nothing of the circumstances of the default. Kezia now wants the sale to Omar set aside.

Which of the following best describes the position?

Choose one answer to see the reasoning.

  1. Land Law · FLK2No. L176

    Mortgagee's duty on sale: timing is for the mortgagee; true market value at sale (Silven)

    Which of the following best describes Fenwick's liability to Tanaka?

  2. Land Law · FLK2No. L177

    Court's power to adjourn or suspend mortgage possession of a dwelling-house (AJA 1970 s.36)

    Which of the following best describes the court's powers at the possession hearing?

  3. Land Law · FLK2No. L178

    Priority of registered charges: the order shown on the register (LRA 2002 s.48)

    Which of the following best describes the priority of the two charges?