A recent Supreme Court decision looked at the effect of non-registration of the change of ownership of a charge on its enforcement.
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The Court of Appeal found that voluntary transfers of property from a husband to his wife were fraudulent even though his creditor only became a creditor eleven years after the transfers.
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In a recent challenge to the appointment of a Receiver, the High Court was asked to consider the validity of a Deed of Appointment and whether it complied with the bank’s own mortgage deed. The Court found that failing to comply with the format set down in the mortgage deed can have drastic consequences.
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