Hi people, good luck with your revision.
I am not lazy. I have done lots of research, but still have no ideas on one issue.
I really need some pointers. Thanks in advance!
Gillian is the sole registered proprietor of a house in which, until recently, she shared with her husband, peter and their son,william. The house is subject to a mortgage of £200000 in favour of Freshco Bank. Six months ago, Gillan stopped making any mortgage repayment, as she was planning to emigrate to the USA to live with her new lover. She left last month, and the bank seeks possession.
Peter is defending the action. He is arguing in the alternative that he has an interest in the house binding on Freshco. If this arguments succeeds, advise Frescho on what further action it can take to recover the money......And the question goes on, which is basically about the power of sale and possession of the bank I find it easy.
The issue I am struggling is what interests does peter have.
I was thinking resulting trust or constructive trust. But the the question is silent on this. Assuming he has, is it all about the S14, S15 of TOLALA?
Or it is about the undue influence? But Gillian is the sole legal owner and Peter moves in after the purchase of the house, so it is unlikely that he is the surety of mortgage and argue undue influence.
I really go crazy about land law, exam in one week
Thanks for any help or ideas!!