First National Bank Plc v Achampong [2003] EWCA 487

Written By Nicolas Heyes

Court: Court of Appeal

Basic Facts:

  • Parties: A (Co-owner), X (Husband), Sons, Grandchildren.

  • Context: A and X jointly owned a home. A challenged the mortgage agreement made under undue influence by X. Consequently, the mortgage affected only X’s share. X fled, leaving A with dependent family members. The issue was whether the home should be sold under TLATA 1996.

Issue for the Court: Application of s.15 and s.14 of TLATA 1996 for an order of sale.

Held: The court held that a mortgagee could enforce its security even where other co-owners objected, provided their interests had not been protected by registration.

 Blackburne J

  • Order for Sale: An order must be made for the sale of the property if it is necessary to satisfy the debt. The welfare of infants is considered, but the purpose of the trust (family home) becomes less significant when the original intentions no longer apply.

Nicolas Heyes
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Federated Homes v Mill Lodge Properties [1980] 1 WLR 594