Top Left Background Top Right Background
Bottom Right Background

Bank of Ireland Home Mortgages v Bell [2001]

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
Goto Top
Close Notification

Recent News

Other News