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.

1. Can the victim of a fraud apply to the Land Registry to have a fraudulent transfer expunged from the registered title?
2. Who can apply to the Land Registry for compensation for the registration of the fraudulent transfer?
3. Can a chargee still exercise its power of sale if it has secured its charge against a property that has been previously fraudulently transferred?

Wragge & Co's experts answer these important questions and provide action points for you and your organisation.