Priority and registration tutorial

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Area of Law: Priority and registration: 

Area of Law: Priority and registration

(a) Relevant facts?: 

(a) Relevant facts?

(a) Relevant facts: 

(a) Relevant facts Agreement for 10 year lease Complies with CPO, s. 3 Legal charge Alex doesn’t keep up with mortgage payments Any registrations?

(a) Relevant law: 

(a) Relevant law

(a) Relevant law: 

(a) Relevant law Walsh v Lonsdale First in time usually prevails Equitable interests defeated by bona fide purchasers LRO, s.2 LRO, s. 5 LRO, s.3(2) LRO, s.4 LRO, s. 3(1)

(a) Applying relevant law to facts: 

(a) Applying relevant law to facts Equitable lease Prior to mortgage Mortgagee a bona fide purchaser for value without notice? Did B register? If not, s.3(2)

(b) What if the lease were a legal lease?: 

(b) What if the lease were a legal lease?

(b) Applying relevant law to facts: 

(b) Applying relevant law to facts Did B register? If not, s.3(2)

(c ) Remortgaging - priority: 

(c ) Remortgaging - priority

Facts: 

Facts Original mortgage (2004 – Goodwill) Redeemed with loan from H Charging order in favour of W – registered in time New mortgage in favour of H New mortgage registered

Relevant law: FISA: 

Relevant law: FISA

Conclusion: H has the priority that G had and therefore (if G’s mortgage was registered) defeats the charging order: 

Conclusion: H has the priority that G had and therefore (if G’s mortgage was registered) defeats the charging order