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27.07.16

Mark West considers the recent case of Mortgage Express v Lambert

In this case note, Mark West considers the recent decision of the Court of Appeal (17th June 2016) in which the cash-strapped occupier was the victim of an unconscionable bargain, selling her flat worth £120,000 for a mere £30,000. But could she, in addition to seeking to set aside the sale as against the fraudsters, also pursue an alternative claim to a leasehold interest in the flat? And could she fight off a possession claim by the new mortgagee? What was the legal character of the right to set aside the sale as an unconscionable bargain, how did that fit into the scheme of land registration and was she precluded from asserting her claim against Mortgage Express?

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