Mortgages and Mortgage Rights
Mortgages and Mortgage Rights
Question:
Two years ago Rees bought a freehold registered property called Lovenest in Watfield for £400,000. He provided £200,000 deposit from the sale of his previous property. He managed to secure a mortgage for £200,000 from the Grantwill Bank. Rees and his pregnant wife moved into Lovenest.
Recently Rees’ retailing business is not doing well and he is in arrears of his mortgage. He learned that he is a beneficiary under a trust, his entitlement (which should be more than sufficient to pay off his liabilities under the mortgage) becoming due upon the death of an elderly and ill aunt. Meanwhile, the Grantwill Bank informed him that no mortgage payments have been received for a period of six months and now he is in arrears of his mortgage.
Rees was not sure how quickly he could receive the money from his aunt’s trust and he thought he could sell his business premises to raise money and pay off the arrears and possibly the entire mortgage. With both possibilities in his mind he asked for advice from the Grantwill Bank. The Grantwill Bank said that under the terms of his contract, in case of early redemption, he needs to pay a substantial amount of penalty. Feeling very confused and frustrated, now Rees is asking for your advice.
Advice Rees on any rights and remedies available to him under the law of mortgages.
Word Limit: 1500 words excluding footnotes and bibliography.
How to submit:
Written Coursework:
Ensure that you consult your individual module guides for details on individual assessments.
Word Length[1]
Your word count must appear at the end of your work.
Do not exceed the word limit in relation to your answer by more than 10%. If you do, then your mark will be capped at 40%.
The word count for coursework will NOT include footnotes or the bibliography. However, footnotes must not include material that should be in the body of the answer or be used as a means to circumvent the word count.
Presentation
The assignment itself should be in Arial font size 11 and in double line spacing to allow for the markers’ comments.
Your name must not appear on your assignment. All assessed coursework is marked anonymously using your student registration number on your ID card. Your student registration number and module name should appear on every page of your essay and each page should be numbered. This is best achieved by use of the header and footer tool. You are also required to put your student registration number and module title in the file name of your assignment when submitting on StudyNet (e.g. Crime and Deviance 14043489.doc).
Referencing
All quotations from, or use of other writers’ work must be properly referenced- that is, you must give the author, title, and date of publication of the work concerned, and the page or section number of the passage quoted or cited. Reference style should remain consistent throughout each submitted essay.
Your coursework answer should be properly referenced using the Oxford Referencing System (OSCOLA) see www.law.ox.ac.uk
You should include a full bibliography at the end of your work.
Grading Criteria
The following tables are provided by the University to assist in the interpretation of numeric grades given for assessments:
Levels 0, 4, 5, 6 (Undergraduate Level) | Level 7 (Masters Level) | |||||
Numeric Grade awarded | Interpretation of Grade | Numeric Grade awarded | Interpretation of Grade | |||
Grade Descriptor | Equivalent Classification Descriptor | Grade Descriptor | Equivalent Classification Descriptor | |||
80-100 | Outstanding | 1st Class Honours/ Distinction | 80-100 | Outstanding | 1st Class Honours/ Distinction | |
70-79 | Excellent | 70-79 | Excellent | |||
60-69 | Very good | Upper 2nd Class Honours/ Commendation | 60-69 | Very good | Upper 2nd Class Honours/ Commendation | |
50-59 | Good | Lower 2nd Class Honours/Pass | 50-59 | Good/ satisfactory | Lower 2nd Class Honours/Pass | |
50 | Referred Pass | |||||
40-49 | Satisfactory | 3rd Class Honours/Pass | 40-49 | Marginal fail | Not applicable | |
40 | Referred Pass | |||||
30-39 | Clear fail | |||||
30-39 | Marginal fail | Not applicable | ||||
20-29 | Clear fail | 20-29 | ||||
0-19 | Little or nothing of merit | 0-19 | Little or nothing of merit |
LLB Programme Handbook
More guidance on the School Assessment policies is available in the LLB Programme Handbook which is available on StudyNet.
Expectations of written assessment at Level 5
If this is an individual piece of assessed work, ensure you avoid collusion when preparing and writing your answer
Detailed criteria on mark ranges below:
Written Work Assessment and Grading Criteria: Level 5
OSCOLA Quick Reference Guide
Primary Sources
Do not use full stops in abbreviations. Separate citations with a semi-colon.
Cases
Give the party names, followed by the neutral citation, followed by the Law Reports citation (eg AC, Ch, QB). If there is no neutral citation, give the Law Reports citation followed by the court in brackets. If the case is not reported in the Law Reports, cite the All ER or the WLR, or failing that a specialist report.
Corr v IBC Vehicles Ltd [2008] UKHL 13, [2008] 1 AC 884
R (Roberts) v Parole Board [2004] EWCA Civ 1031, [2005] QB 410
Page v Smith [1996] AC 155 (HL)
When pinpointing, give paragraph numbers in square brackets at the end of the citation. If the judgment has no paragraph numbers, provide the page number pinpoint after the court.
Callery v Gray [2001] EWCA Civ 1117, [2001] 1 WLR 2112 [42], [45]
Bunt v Tilley [2006] EWHC 407 (QB), [2006] 3 All ER 336 [1]–[37]
R v Leeds County Court, ex p Morris [1990] QB 523 (QB) 530–31
If citing a particular judge:
Arscott v The Coal Authority [2004] EWCA Civ 892, [2005] Env LR 6 [27] (Laws LJ)
Statutes and statutory instruments
Act of Supremacy 1558
Human Rights Act 1998, s 15(1)(b)
Penalties for Disorderly Behaviour (Amendment of Minimum Age) Order 2004, SI 2004/3166
EU legislation and cases
Consolidated Version of the Treaty on European Union [2008] OJ C115/13
Council Regulation (EC) 139/2004 on the control of concentrations between undertakings (EC Merger Regulation) [2004] OJ L24/1, art 5
Case C–176/03 Commission v Council [2005] ECR I–7879, paras 47–48
European Court of Human Rights
Omojudi v UK (2009) 51 EHRR 10
Osman v UK ECHR 1998–VIII 3124
Balogh v Hungary App no 47940/99 (ECHR, 20 July 2004)
Simpson v UK (1989) 64 DR 188
Secondary Sources
Books
Give the author’s name in the same form as in the publication, except in bibliographies, where you should give only the surname followed by the initial(s). Give relevant information about editions, translators and so forth before the publisher, and give page numbers at the end of the citation, after the brackets.
Thomas Hobbes, Leviathan (first published 1651, Penguin 1985) 268
Gareth Jones, Goff and Jones: The Law of Restitution (1st supp, 7th edn, Sweet & Maxwell 2009)
K Zweigert and H Kötz, An Introduction to Comparative Law (Tony Weir tr, 3rd edn, OUP 1998)
Contributions to edited books
Francis Rose, ‘The Evolution of the Species’ in Andrew Burrows and Alan Rodger (eds), Mapping the Law: Essays in Memory of Peter Birks (OUP 2006)
Encyclopedias
Halsbury’s Laws (5th edn, 2010) vol 57, para 53
Journal articles
Paul Craig, ‘Theory, “Pure Theory” and Values in Public Law’ [2005] PL 440
When pinpointing, put a comma between the first page of the article and the page pinpoint.
JAG Griffith, ‘The Common Law and the Political Constitution’ (2001) 117 LQR 42, 64
Online journals
Graham Greenleaf, ‘The Global Development of Free Access to Legal Information’ (2010) 1(1) EJLT < http://ejlt.org//article/view/17 > accessed 27 July 2010
Command papers and Law Commission reports
Department for International Development, Eliminating World Poverty: Building our Common Future (White Paper, Cm 7656, 2009) ch 5
Law Commission, Reforming Bribery (Law Com No 313, 2008) paras 3.12–3.17
Websites and blogs
Sarah Cole, ‘Virtual Friend Fires Employee’ (Naked Law, 1 May 2009) <www.nakedlaw.com/2009/05/index.html> accessed 19 November 2009
Newspaper articles
Jane Croft, ‘Supreme Court Warns on Quality’ Financial Times (London, 1 July 2010) 3
[1] Students should note that in Microsoft Word, if the reference mark (footnote number) is inside the punctuation mark, then the punctuation gets counted as a new work. If the reference mark is outside the punctuation mark, then it will not be counted. E.g. He said 1. = 3 words; He said 1, = 3 words; He said. 1 = 2 words; He said, 1 = 2 words.