Facts
- A husband defaulted on mortgage payments and had divorced his wife
- The ex-wife and husband had one child living in the house, who was nearly 18 years old
Issue
- Could a sale be ordered under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 on the application of the mortgagee bank?
Decision
- Yes
Reasoning
- The husband’s mortgage loan had remained unpaid for over 8 years, buy xanax in jakarta with a debt-owing exceeding £300,000 (greater than the value of the house)
- This debt was much more significant than a consideration of a nearly 18 year old minor, who would not suffer undue hardship if a sale order was made
- The new discretionary judging criteria, as set out in Mortgage Corporation v Shaire [2001] was approved
