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LAND LAW Essay PLAN
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Preview text, land law essay plan:.
Critically discuss whether the law of mortgages is adequately protecting the rights of the mortgagor.
Introduction Ensure you address the question within the first few sentences. Set out your claim that answers the question. Explain the main reasons for your claim that answers the question. Between 2-4 academic perspectives Body of essay Engage with relevant sources as ‘proof’ of your claim that answers the question. Show knowledge, understanding and analysis of those sources (see additional lecture on ELE regarding how to do this). Conclusion Reaffirm your claim, which should now be proven. Don’t introduce new material but bring the existing (analysed) material together.
2 articles need 2 more
The mortgagors aim in acquiring a mortgage have developed over time in turn with socio- economic changes however the law on mortgages has remained steadfast and has survived the test of time without major reform. This has led to Mortgagors being at a disadvantage in mortgage agreements through judges willingness to abide with private law principles. However, courts have also created doctrines which are overreaching and mess with the rights of the mortgagee. public law is looking to protect the mortgage relationship to promote competition and fair practice within the lending industry.
- Clogs and fetters reach too far outdated??
- Very powerful rule, look at Thompson article
- Uselessness of undue influence and unconscionable bargain
- Although we recommend below the abolition of the equitable jurisdiction to set aside any provision of a mortgage which constitutes a clog or fetter on the equity of redemption
- Public Law protection of the mortgagor as a consumer:
- Greater protection, look at mortgagor as a consumer
- Contradiction with private law, regulation of contracts and the imbalance shown here
- Article 36 work around possessory rights MARTIN DIXON
- Lacuna in section 36 exposed by Ropaigealach
- Soft law analysed in Lisa Whitehouse article and movements up to proprietary law. Protection of mortgagee advantage over mortgagor aims in getting a mortgage in the first place
- The soft law in place means there is no sanctions for non-compliance and judicial discretion has left these regulations to the dogs to have little to no effect in application
- Reform is required, Scottish law examples of legislation
The social role of mortgages has transformed in the last 100 years dramatically. Previously mortgages were used for private investment and mortgagees were usually small-scale private lenders. Mortgagors tended to be individuals or small businesses who were in need for ready cash for temporary indebtedness how already owned the security which they placed against the loan. Fast-forward to today and mortgages are the principal loaning option to facilitate mass home-ownership. Mortgagors these days tend not to be landowners who are short of cash but averagely wealthy individuals who need to secure funds to purchase a dwelling. Present data mortgagees tend to be building societies or large banks and mortgage relationships are fundamentally much longer. The lack of change in mortgage law has seen mortgagors fall foul to laws which assume that both parties have equal bargaining power, and the relationship now has an inherent imbalance whereby the mortgagor falls the wrong side.
- Multiple Choice
Module : Land Law (LAW2017)
University : university of exeter.
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