The Supreme Court recently explained the distinction between a legal mortgage and an equitable mortgage. The Court explained that a legal mortgage (in this case, mortgage by deposit of title deeds) is created when property rights are transferred to the mortgagee (lender), granting the mortgagee an enforceable right over the property in case of default. In contrast, an equitable mortgage…
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The Court of Appeal has held that a fund was entitled to...
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