Tygres Invs. Ltd. v. Jersey Home Loans Ltd. [2016] 2 JLR 1 (05 July 2016)
- Citation
- [2016] 2 JLR 1
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A mortgage company cannot be compelled to renew or extend a mortgage where the borrower is in arrears and cannot provide a first hypothec as security.
Court disposition
application dismissed
02
Material facts
Parties
Tygres Invs. Ltd.
ApplicantJersey Home Loans Ltd.
Respondent03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
Whether it is fair and reasonable to require a mortgage company to renew or extend a mortgage when the borrower is in arrears and cannot offer a first hypothec
Party arguments
- Applicant
- Applicant sought renewal or extension of mortgage despite being in arrears and unable to offer first hypothec.
- Respondent
- Respondent opposed renewal or extension on grounds of arrears and lack of first hypothec as security.
05
Court’s reasoning
Legal principles
- 01
Jersey Financial Services Law
It is not fair and reasonable to require a mortgage company to renew or extend a mortgage if the borrower is in arrears and no longer able to offer first hypothec.
06
Ratio, limits and disposition
Ratio decidendi
A mortgage company cannot be compelled to renew or extend a mortgage where the borrower is in arrears and cannot provide a first hypothec as security.
Court disposition
application dismissed
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Tygres Invs. Ltd. v. Jersey Home Loans Ltd. [2016] 2 JLR 1 (05 July 2016) URL: https://www.bailii.org/je/cases/JLR/2016/JLR162001.html Cite as: [2016] 2 JLR 1 [ New search ] [ Help ] Tygres Invs. Ltd. v. Jersey Home Loans Ltd. 2016 (2) JLR 1 (05 July 2016) Financial Services-Financial Services Ombudsman-awards and directions-not fair and reasonable to require mortgage company to renew or extend mortgage if borrower in arrears and no longer able to offer first hypothec The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2016 (2) JLR 1 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2016/JLR162001.html
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