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Parker-Tweedale v Dunbar Bank plc [1991] Ch. 26

Property law – Mortgage – Sale of property

Facts

PT brought an action challenging the sale of the property by the defendant mortgagee, DB, after his wife had missed mortgage payments under the mortgage agreement. PT held a beneficial interest in the property in question but it was solely owned by his wife and she was the only mortgagor. The judge dismissed the initial question in which PT challenged DB’s rights and the court subsequently ordered the court costs to be paid by the plaintiff. DB requested that the costs were added to the security paid for the property under the mortgage agreement and this was subsequently refused by the judge. DB appealed the judge’s decision.

Issue

DB’s appeal was bought on the basis that the judge was wrong to deny adding the costs to the security of the mortgage as DB, under the circumstances, was required to defend his title under the mortgage, to effectively a stranger. It was important for the court to understand the relationship between the mortgagor and the plaintiff and especially whether PT had sufficient link to the property that imposing the costs on the property became reasonable.

Held

DB’s appeal was dismissed by the court and the decision of the trial judge was affirmed. In circumstances where a third-party created a claim that wrongly questioned the mortgagee’s rights in relation to a property, it was not appropriate that they are reimbursed from the mortgaged property. This is also the case where the third party stands to gain from raising the question in the first place.


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