Tygres Invs. Ltd. v. Jersey Home Loans Ltd. [2016] 2 JLR 1 (05 July 2016)

Tygres Invs. Ltd. v. Jersey Home Loans Ltd. [2016] 2 JLR 1 (05 July 2016)

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.

Citation
[2016] 2 JLR 1
Parties
Applicant: Tygres Invs. Ltd.; Respondent: Jersey Home Loans Ltd.
Jurisdiction
Jersey
Judgment Date
05 July 2016
Procedural Posture
Civil / Judgment
Outcome
application dismissed
Legal Topics
Mortgage Renewal, Ombudsman Awards, Arrears, Security for Loan

Case Brief

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Parties

Tygres Invs. Ltd.

Applicant

Jersey Home Loans Ltd.

Respondent

Procedural Posture

Civil / Judgment

  1. 1 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

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