- Following the default of a mortgagor on payments of a £164,000 mortgage loan, the mortgagee took possession in order to sell the property
- The mortgage and house was in the wife’s sole name; her husband was a licensee only
- The property was valued at £380,000 – £450,000, and sold for £575,000, with the wife’s consent
- The purchaser re-sold the property within a week for £700,000
- Was the bank in breach of duty to the husband for not obtaining a proper price?
- A mortgagee in possession owed duties under sale only to their mortgagor (the wife), and not other beneficiaries to the sale