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Please, please don’t bid if you’re not familiar with land law essays. – This MUS

by | Aug 27, 2022 | Law | 0 comments

 

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Please, please don’t bid if you’re not familiar with land law essays. – This MUST be English & Welsh law, NOT US law. – This is an essay on the law of mortgages. – OSCOLA type referencing (I have attached a quick guide). – Westlaw and LexisNexis are good sites to find cases. – I have also attached the marking criteria. Question – “‘[T]he doctrine of a clog on the equity of redemption is, so it seems to me, an appendix to our law which no longer serves a useful purpose and would be better excised.’ Jones v Morgan [2001] EWCA Civ 995 [86] (Lord Phillips MR).” Critically discuss. Key terms: -Charge (by way of legal mortgage) = to take out a mortgage on a property, thereby allocating an interest in the land to the mortgagee. -Mortgagee = the person who is lending money for a mortgage. -Mortgagor = the person who borrows money and takes out a mortgage. – A clog or fetter = preventing the mortgagor from paying off the the borrowed money and discharging the property of interest from the mortgagee. – The equity of redemption = Redeeming a mortgage by paying off the borrowed money.

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