The Weekly Law Reports
[2012] 2 WLR 186
Chancery Division
Swift 1st Ltd v Colin and others
[2011] EWHC 2410 (Ch)
2011 July 26;
27
Judge Purle QC sitting as a High Court judge
Mortgage— Sale by mortgagee— Statutory power— Deed of mortgage creating charge by way of legal mortgage— Mortgage not registered as legal charge— Mortgagee selling mortgaged property— Land Registry declining to register purchasers’ title on ground charge unregistered— Whether mortgagee having power to sell when charge unregistered— Whether mortgagee’s deed of conveyance effective to vest title of property in purchasers—
Law of Property Act 1925 (15 & 16 Geo 5, c 20), ss 88(1), 101(1)(6), 104(1)