The Scottish Ministers v YK [2013] ScotCS CSOH_129 (30 July 2013)

The Scottish Ministers v YK [2013] ScotCS CSOH_129 (30 July 2013)

The respondent fraudulently misrepresented her employment and income to obtain a mortgage loan, which was material to the lender's decision. The proceeds of sale of the property, after deduction of the mortgage, are fully recoverable under the Proceeds of Crime Act 2002. The statutory discount does not constitute mixed property and does not reduce recoverability.

Citation
[2013] ScotCS CSOH_129
Parties
Petitioner: The Scottish Ministers; Respondent: Y K
Jurisdiction
Scotland
Judgment Date
30 July 2013
Procedural Posture
Civil Recovery Petition / Final Judgment After Proof
Outcome
petition granted
Legal Topics
Mortgage Fraud, Recoverable Property, Mixing of Property, Discount Under Housing (scotland) Act 1987
Civil Recovery Proceeds of Crime Mortgage Fraud Recoverable Property Mixing of Property Discount Under Housing (scotland) Act 1987

Case Brief

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Parties

The Scottish Ministers

Petitioner

Y K

Respondent

Procedural Posture

Civil Recovery Petition / Final Judgment After Proof

Legal Issues

  1. 1 Did the respondent obtain a mortgage loan by fraudulently misrepresenting her employment and income?
  2. 2 Was the misrepresentation material to the granting of the mortgage loan?
  3. 3 Are the proceeds of sale of the property recoverable in full or only in part due to the statutory discount?

Ratio Decidendi

The respondent fraudulently misrepresented her employment and income to obtain a mortgage loan, which was material to the lender's decision. The proceeds of sale of the property, after deduction of the mortgage, are fully recoverable under the Proceeds of Crime Act 2002. The statutory discount does not constitute mixed property and does not reduce recoverability.

Court Disposition

petition granted

Orders

  • Recovery order granted for the proceeds of sale held by respondent's solicitors.