First Mortgage Securities (No 9) Ltd v Smith & Ors

First Mortgage Securities (No 9) Ltd v Smith & Ors

Mr Smith cannot set aside the possession orders as there is no evidence of fraud, only error. Even if the orders were set aside, the Bedfords' registered title is unimpeachable under the Law of Property Act 1925 and the Land Registration Act 1925. Mr Smith's remedy, if any, is against FMS for damages, not against the Bedfords.

Parties
Claimant: First Mortgage Securities (No 9) Limited; Defendant and Part 20 Claimant: Trevor Alan Smith; Part 20 Defendant: Paul Anthony Bedford; Part 20 Defendant: Caroline Anne Bedford
Jurisdiction
England and Wales
Judgment Date
29 June 2005
Procedural Posture
Civil / Summary Judgment Application
Outcome
summary judgment granted for Part 20 defendants (Bedfords); no order on Smith's application for summary judgment/default judgment against FMS
Legal Topics
Mortgage Possession, Summary Judgment, Setting Aside Possession Orders, Land Registration, Powers of Sale, Rectification of Land Register
Property Law Civil Procedure Mortgage Possession Summary Judgment Setting Aside Possession Orders Land Registration Powers of Sale Rectification of Land Register

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Parties

First Mortgage Securities (No 9) Limited

Claimant

Trevor Alan Smith

Defendant and Part 20 Claimant

Paul Anthony Bedford

Part 20 Defendant

Caroline Anne Bedford

Part 20 Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether Mr Smith can set aside possession orders made in 1992 and 1995
  2. 2 Whether Mr Smith can recover possession of the property from Mr and Mrs Bedford
  3. 3 Whether Mr Smith is entitled to summary judgment or judgment in default against FMS

Ratio Decidendi

Mr Smith cannot set aside the possession orders as there is no evidence of fraud, only error. Even if the orders were set aside, the Bedfords' registered title is unimpeachable under the Law of Property Act 1925 and the Land Registration Act 1925. Mr Smith's remedy, if any, is against FMS for damages, not against the Bedfords.

Court Disposition

summary judgment granted for Part 20 defendants (Bedfords); no order on Smith's application for summary judgment/default judgment against FMS

Orders

  • Summary judgment dismissing Mr Smith's claim for possession against Mr and Mrs Bedford
  • Mr Smith to pay costs to Mr and Mrs Bedford in the amount of £20,000