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Silven Properties v Royal Bank v Scotland [2004]

Facts

  • A mortgagee sold land after taking possession without awaiting the outcome of a planning permission application or completing the grant of leases

Issue

  • Was this omission in breach of the mortgagee’s duty to take reasonable care when selling a property?

Decision

  • No

Reasoning

  • A mortgagee (or its receiver) is under no duty to invest in a property mortgaged to it before selling it
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