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Chapter 11 Multiple Choice questions
Return to Land Law Student Resources
Chapter 11 Multiple Choice questions
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not completed
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Which one of the following statements is the correct definition of a mortgage?
A conveyance in which the mortgagor transfers her land to the mortgagee in return for the payment of money.
correct
incorrect
A conveyance in which the mortgagor transfers her land to the mortgagee in return for the payment of money but the mortgagor remains the legal owner of the land.
correct
incorrect
A conveyance in which the mortgagor confers to the lender certain rights over her land in order that the lender is able to secure repayment of loan money advanced; the lender being entitled to realise its debt at any time.
correct
incorrect
A conveyance in which the mortgagor confers to the lender certain rights over her land in order that the lender is able to secure repayment of loan money advanced; the lender being entitled to assert its rights only with an order of the court.
correct
incorrect
A conveyance in which the mortgagor confers to the lender certain rights over her land in order that the lender is able to secure repayment of loan money advanced.
correct
incorrect
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As to the creation of legal mortgages, which one of the following statements is incorrect?
In registered land today, there are only two methods by which legal mortgages can be created: the demise and the registered charge.
correct
incorrect
In registered land today, there is only one method by which legal mortgages can be created: the registered charge.
correct
incorrect
Whether in unregistered or registered land, the creation of a charge by way of mortgage constitutes a conveyance under the LPA 1925 and must therefore be made in a deed.
correct
incorrect
In unregistered land, the creation of legal mortgages is governed by the provisions of the LPA 1925, in particular sections 85 and 87 which provide for mortgage by demise and by legal charge.
correct
incorrect
The grant of a legal mortgage over unregistered land (whether by way of demise or legal charge) will constitute a triggering event for compulsory first registration under the LRA 2002.
correct
incorrect
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Which one of the following circumstances will
not
give rise to an equitable mortgage?
Mortgage of an equitable interest only
correct
incorrect
Under the doctrine of
Walsh v Lonsdale
(1882), where there is a failed attempt to create a legal mortgage
correct
incorrect
Where one legal co-owner forges the signature on a mortgage deed of other legal co-owners
correct
incorrect
Mortgages arising under the doctrine of proprietary estoppel
correct
incorrect
Where the mortgagor deposits the title deeds to unregistered land with the mortgagee as security for a loan
correct
incorrect
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Which one of the following statements as to the enforceability of legal mortgages against third parties is incorrect?
In registered land, the grant of a legal mortgage is a 'registrable disposition' which must be completed by registration if it is to operate at law; its enforceability against third parties is then determined by s. 29 of the LRA 2002.
correct
incorrect
In unregistered land, the grant of a legal mortgage is a triggering event for compulsory first registration under the LRA 2002.
correct
incorrect
In unregistered land, if compulsory first registration is not completed, the mortgage can, at best, take effect as an equitable mortgage.
correct
incorrect
In registered land, a legal mortgage must be protected by entry of a notice on the Charges Register if it is to be enforceable against third parties.
correct
incorrect
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Which one of the following statements as to the enforceability of equitable mortgages against third parties is incorrect?
In unregistered land, an equitable mortgage is registrable as a Class C(iii) land charge under the LCA 1972.
correct
incorrect
In unregistered land, if not registered as a Class C(iii) land charge, an equitable mortgage will be void as against purchasers for value.
correct
incorrect
In registered land, where no notice is entered, an equitable mortgage is not capable of amounting to an overriding interest under Sch 3, para 2.
correct
incorrect
In registered land, an equitable mortgage can be protected by the entry of a notice against the mortgaged registered title.
correct
incorrect
*
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There must be no 'clogs or fetters' on a mortgagor's equitable right to redeem the mortgage. Which one of the following is not a factor the court will take into account when considering whether a term of the mortgage is oppressive or unconscionable and should therefore be struck down?
Whether the term was imposed in a morally reprehensible manner
correct
incorrect
Whether, in all the circumstances, the mortgagee's conscience is affected
correct
incorrect
Whether there is equality of arms between the parties
correct
incorrect
Whether the term in question was unreasonable or represented an unreasonable bargain
correct
incorrect
Whether the mortgagor could have refused to accept the deal/bargain
correct
incorrect
Whether the mortgagor received independent legal advice prior to the mortgage
correct
incorrect
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After the decision in
Royal Bank of Scotland plc v Etridge
(No.2) (2002), which one of the following statements best describes the conduct expected of mortgage lenders?
To take reasonable steps to ensure the surety for a mortgage loan is aware that she must instruct an independent legal adviser.
correct
incorrect
To take reasonable steps to ensure that the lender protects itself by receiving a written confirmation from an independent legal adviser that the mortgage is valid.
correct
incorrect
To take reasonable steps to satisfy itself that the risks of the mortgage were explained to the surety.
correct
incorrect
To take reasonable steps to ensure the surety for a mortgage loan does not enter an unconscionable or disadvantageous bargain.
correct
incorrect
To take reasonable steps to actively investigate the existence of undue influence.
correct
incorrect
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What endows the court with the power to postpone possession proceedings concerning dwelling houses where possession is sought by the mortgagee? Select one of the following.
The inherent jurisdiction of the court
correct
incorrect
The LPA 1925
correct
incorrect
The Administration of Justice Act 1973
correct
incorrect
The LRA 2002
correct
incorrect
The Consumer Credit Act 2006
correct
incorrect
The Administration of Justice Act 1970
correct
incorrect
*
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Which one of the following is
not
a requirement for the statutory power of sale to arise under section 101 of the LPA 1925?
The mortgage was made by deed
correct
incorrect
The mortgage contained no provision excluding the power of sale
correct
incorrect
The mortgagor is in breach of its obligations under the terms of the mortgage
correct
incorrect
The mortgage money has fallen due as the date of redemption has passed
correct
incorrect
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Which one of the following is
not
a duty owed by a lender when selling mortgaged land?
A duty to act in good faith in the conduct of the sale
correct
incorrect
A duty to advertise and sell the property without delay
correct
incorrect
A duty to take reasonable care in the conduct of the sale
correct
incorrect
A duty to obtain a fair and proper price for the land
correct
incorrect
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