Mortgage fraud and a chargee's power of sale
The timing of the unilateral notice is key. It is therefore vital that if any party ever becomes aware of a fraud, it protects its interest, by registering a unilateral notice, as quickly as possible.
In relation to registered properties it could make sense to register a standard Land Registry restriction (form LL). This gives additional protection against a fraudulent transfer.
Wragge & Co has successfully acted for a range of clients in connection with matters with similar circumstances to those in Barclays Bank plc v Guy. Accordingly, if you have any queries concerning any of the matters highlighted above please contact Phil Clissitt.
This action may contain information of general interest about current legal issues, but does not give legal advice.