Swift 1st Ltd v Colin

Subject Matter

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, ss 88(1), 101(1)(6), 104(1)

[2012] Ch 206; [2012] 2 WLR 186