Mortgage Express v Lambert

Mortgage Express v Lambert

Ms Lambert's right to set aside the sale as an unconscionable bargain, even if proprietary in character, was overreached by the grant of the mortgage by two trustees to Mortgage Express, and in any event, her failure to disclose her right when inquiry was made precluded her from asserting it as an overriding interest against Mortgage Express.

Parties
Claimant/respondent: Mortgage Express; Defendant/appellant: Laura Lambert
Jurisdiction
England and Wales
Judgment Date
17 June 2016
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Overriding Interests, Overreaching, Unconscionable Bargains, Actual Occupation, Land Registration, Mere Equities
Land Law Equity Property Law Overriding Interests Overreaching Unconscionable Bargains Actual Occupation Land Registration +1 more

Case Brief

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Parties

Mortgage Express

Claimant/respondent

Laura Lambert

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether Ms Lambert's right to set aside the sale as an unconscionable bargain constituted an overriding interest binding on Mortgage Express
  2. 2 Whether such an interest was overreached by the grant of the mortgage to Mortgage Express by two trustees
  3. 3 Whether Ms Lambert's failure to disclose her right precluded her from asserting it against Mortgage Express

Ratio Decidendi

Ms Lambert's right to set aside the sale as an unconscionable bargain, even if proprietary in character, was overreached by the grant of the mortgage by two trustees to Mortgage Express, and in any event, her failure to disclose her right when inquiry was made precluded her from asserting it as an overriding interest against Mortgage Express.

Court Disposition

Appeal dismissed

Orders

  • Ms Lambert's appeal is dismissed
  • Possession order in favour of Mortgage Express stands