Mortgage fraud and a chargee's power of sale
The recent case of Barclays Bank plc v Guy is an important Court of Appeal decision regarding a claim for rectification following a fraudulent transfer and mortgage that includes important commentary on the provisions of the Land Registration Act 2002.
- Can the victim of a fraud apply to the Land Registry to have a fraudulent transfer expunged from the registered title?
- Who can apply to the Land Registry for compensation for the registration of the fraudulent transfer?
- Can a chargee still exercise its power of sale if it has secured its charge against a property that has been previously fraudulently transferred?
This alert may contain information of general interest about current legal issues, but does not give legal advice.