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Mortgage – Charge by way of legal mortgage. The Court of Appeal, Civil Division, dismissed the claimant bank's appeal against the dismissal of its claim against the defendant, save in one respect, for the repayment of a sum which was alleged to have been due from him under a mortgage. Completion of a re-mortgage transaction ordinarily included the redemption of the prior charges and the discharge of the existing borrowings was a necessary component of completion. There was nothing in the terms of the contract or the instructions to the solicitors to displace that in the present case.
Mortgage – Charge by way of legal mortgage. The Court of Appeal, Civil Division, dismissed the claimant bank's appeal against the dismissal of its claim against the defendant, save in one respect, for the repayment of a sum which was alleged to have been due from him under a mortgage. Completion of a re-mortgage transaction ordinarily included the redemption of the prior charges and the discharge of the existing borrowings was a necessary component of completion. There was nothing in the terms of the contract or the instructions to the solicitors to displace that in the present case.
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