Q&As

An individual becomes aware that a family member has fraudulently secured a loan against their property. What should they do?

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Published on LexisPSL on 28/09/2020

The following Property Q&A provides comprehensive and up to date legal information covering:

  • An individual becomes aware that a family member has fraudulently secured a loan against their property. What should they do?

If an individual is the subject of fraud, they should disclose this immediately upon becoming aware. In English v English, the High Court held that a mortgagor had ratified a loan fraudulently secured against her property by her son. On discovering the fraud, in an attempt to protect her son, she had had conversations with the lender regarding the arrears. More significantly, she had informed her solicitors on the sale of her property of the existence of the charge and caused them to redeem it, without any protest or request for advice as to

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