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Jun 4, 2009. 1 Four-Maids Ltd v Dudley Marshall (Properties) Ltd  Ch 317, per Harman J at 320. The entitlement to possession is an essential incident of legal ownership of the charge, and is not lost by a lender disposing of the equitable interest in the mortgage: Paragon Finance plc v Pender  1 WLR 3412.
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Jul 13, 2017. Cited – Paragon Finance Plc v Pender and Another CA (Bailii,  EWCA Civ 760, Times 19-Jul-05) The defendants had purchased their property from the local authority with the support of a loan from the claimants. The defendants fell into arrears but now sought to resist possession on the basis that the.
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Paragon Finance Plc v DB Thakerar & Co  1 All E.R. 400 (21 July 1998). Toggle Table of ContentsTable of Contents. Ctrl + Alt + T to open/close. Links to this case; Content referring to this case. Links to this case. Westlaw UK; Bailii. Content referring to this case. Practical Law is experiencing technical difficulties.
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obligation to the noteholders: the notes/bonds are themselves “non-recourse”. 5 Usually the assignment to the SPV is equitable, made by way of an agreement to assign. The Originator retains the legal title to the mortgage and is entitled to bring proceedings for possession: Paragon. Finance v Pender  1 WLR 3412,
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Oct 11, 2013. It is clear law, as has been recently reaffirmed by the Court of Appeal in England in Paragon Finance v Pender and Another  1 W. L. R. 3412 that a legal owner of a charge can part with the equitable interest in it without losing their right to enforce the charge. Therefore, this point in many cases is likely.
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Jun 27, 2005. Free legal content from LexisNexis Butterworths: All England Reporter Cases – Paragon Finance plc v Pender and another –  All ER (D) 307 (Jun)
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Paragon Finance Plc v Pender  EWCA Civ 760. The mortgage possession proceedings were fairly unremarkable save that the lender, Paragon Finance plc had sold a batch of mortgages, including the borrowers to a special purpose vehicle (SPV) by way of mortgage securitisation. There were three issues in the case.
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Paragon Finance plc v Nash  EWCA Civ 1466 is an English contract law case concerning unfair contract terms. Contents. [hide]. 1 Facts; 2 Judgment; 3 Significance; 4 See also; 5 Notes; 6 References; 7 External links. Facts. Paragon (t/a National Home Loans Corporation plc until 1997) was claiming possession.
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