Mortgage Duties and Commercial Property Transactions

[2006] Conveyancer & Property Lawyer 278

5 Pages Posted: 6 Jun 2013

See all articles by Martin Dixon

Martin Dixon

University of Cambridge - Faculty of Law

Date Written: May 5, 2006

Abstract

This analyses the powers and duties of a commercial lender when seeking to realize its security. It contrasts the cases of Bishop v. Blake [2006] EWHC 831 (Ch); [2006] 17 E.G. 113 (C.S.) (Ch D) Downsview Nominees Ltd v. First City Corp. Ltd. [1993] A.C. 295 (PC (NZ)) and Meretz Investments NV v. ACP Ltd. [2006] EWHC 74 (Ch); [2007] Ch. 197 (Ch D). It shows that there is very little interference with the exercise of the mortagee's remedies.

Keywords: Commercial property, Good faith, Mortgagees powers and duties, Motive, Power of sale

Suggested Citation

Dixon, Martin John, Mortgage Duties and Commercial Property Transactions (May 5, 2006). [2006] Conveyancer & Property Lawyer 278, Available at SSRN: https://ssrn.com/abstract=2275010

Martin John Dixon (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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