Global InformationPalk v Mortgage Services Funding plc information
| Palk v Mortgage Services Funding plc | |
|---|---|
 Heathfield, East Sussex | |
| Court | Court of Appeal |
| Full case name | Palk and Another v Mortgage Services Funding plc |
| Decided | 31 July 1992 |
| Citations | [1993] Ch 330 [1993] 2 All ER 481 [1993] 2 WLR 415 |
| Court membership | |
| Judges sitting | Sir Donald Nicholls V-C Butler-Sloss LJ Sir Michael Kerr |
| Case opinions | |
| Decision by | Sir Donald Nicholls V-C |
| Keywords | |
| Mortgages | |
Palk v Mortgage Services Funding plc [1993] Ch 330 was a judicial decision of Court of Appeal of England and Wales relating to the enforcement of mortgages.[1][2] The case concerned seeking an order for sale of the property through the courts, but it was slightly unusual in that it was the mortgagors (i.e. the borrowers) who were seeking the order for sale, but the finance company holding the mortgage who were opposing it.
During the course of his judgment, the Vice Chancellor, Sir Donald Nicholls gave an overview in relation to the enforcement of mortgages under English law, and expressed various principles which the court should apply when seeking to do justice between the parties.[3]
- ^ "PALK V MORTGAGE SERVICES FUNDING PLC: CA 1993". swarb.co.uk. 9 March 2019. Retrieved 12 February 2020.
- ^ "Palk v Mortgage Services Funding – 1993". Law Teacher. 7 March 2018. Retrieved 12 February 2020.
- ^ "Palk v Mortgage Services Funding Plc [1993]". Webstroke Law. Retrieved 12 February 2020.