Charlotte, who is William’s solicitor, is unaware of the previous arrangements done on the property1. Charlotte has acquired a register of the title to Abbey farm from the land registry. The register however does not show any connection of the farm with previous loan associated with Simon who is William’s brother. A mortgage entail transferring land interest as security for other obligation or loan as stipulated in a case of ROPAIGELACH v BARCLAYS BANK (2000). The court accorded the mortgagee a right over the property even in the absence of the mortgagor.
Property and real estate laws cover a diverse legal area that is regulated by the common laws and statutes. Real estate is mostly linked with buildings or structures and the land. Real estate comprises land and the materials belonging to it. Immovable structures such as trees, houses, minerals and bushes attached to the land are part of it2. Owning a real estate comes with benefits such as rights and interests associated with it. Land and the attached properties have been utilized as security for loans in various occasions. William is utilizing his Abbey farm as security toward the loan acquired from the Loamshire building society. William is the mortgagor while the mortgagee is Loamshire building society. The society is providing loan in exchange of security interest3. Most lending societies usually set the maximum amount of money that can be borrowed and used as security. If the property to be used as security has a mortgage, a second charge is utilized. In reality the first mortgage ranks before the second charge created in partnership between William and the society. Since the registry applied by charlotte does not include Simon’s loan and the security information. It will be a challenge for Mark to defend Simon as a solicitor in cases where the security is not indicated. The law governing mortgage is aimed at preventing criminals from taking an ...Show more