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Facts. The defendant bought a house on mortgage with her husband. The couple were unable to keep up with the mortgage payments, so the building society who granted the mortgage began possession proceedings. The husband asked the claimant bank to refinance the loan.
National Westminster Bank Plc v Morgan [1985] AC 686. Undue influence; presumption; bank vs customer. (327 words) Facts. The defendants were a married couple who bought a house on mortgage. Their payments fell into arrears and the building society started proceedings for repossession.
Natwest Bank v Morgan [1985] AC 686 House of Lords. The family home was subject to a mortgage for the purchase price (with Abbey National) and a second charge securing a loan of the husband's business. The couple were unable to meet the payments and got into arrears. Abbey obtained a possession order.
Mr. Morgan, a self-employed businessman of more optimism than acumen, was in financial trouble. His home, which he owned jointly with his wife, the respondent, was mortgaged to the Abbey National Building Society, who were threatening foreclosure. Mr. Morgan persuaded the appellant bank to buy out the original.
A husband and wife owned a family company and the company’s liabilities to its bank were secured, among other things, by charges of the wife’s house. The bank sought to enforce the securities and the wife pleaded actual undue influence by the husband.
On 1 February 1978 Mr. and Mrs. Morgan signed an authority to the bank to pay off the Abbey National and to charge Mr. Morgan's personal account. The bank, however, required the mortgage to secure the loan to be in joint names (the property being in joint ownership).
4 sty 2024 · Facts and judgement for National Westminster Bank v Morgan [1985] AC 686: • Plaintiff’s husband got a bank, Defendant, to pay off its mortgage in return for a new one prov...
