Originally Posted by Halsbury's Laws of England/mortgage (VOLUME 77 (2010) 5TH EDITION)/1. DEFINITION AND CLASSIFICATION/(2) LEGAL AND EQUITABLE MORTGAGES/(i) Legal Mortgages/117. Legal mortgages. (2) LEGAL AND EQUITABLE MORTGAGES (i) Legal Mortgages 117. Legal mortgages. A legal mortgage of unregistered land1 can be created only by demise, sub-demise or legal charge2. A legal mortgage of registered land can be made only by a charge by deed expressed to be by way of legal mortgage or by charging the estate with the payment of money, and not by demise3. Since, by making a pledge or mortgage of his property, the owner does not cease to be the owner of the property any further than is necessary to give effect to the security he has thus created4, he can mortgage the property again. The mortgagor of a legal estate in land retains his legal estate5, and can create further mortgages by demise or charge6. A subsequent mortgage is, as between mortgagor and mortgagee, a complete security on the mortgagor's interest, saving only the rights of prior incumbrancers7; and, on redemption of the prior mortgage, no reconveyance is required, since a mortgage term ceases on payment off of the mortgage8. A subsequent mortgagee who pays off the first mortgagee may, however, call for a transfer of the first mortgage, and where there are successive mortgagees they may according to their priority exercise the right of paying off the first mortgage and taking a transfer9. A legal mortgage of personal chattels may be made either by pledge or, subject to certain exceptions, by bill of sale10. A legal mortgage of a debt or other legal chose or thing in action may be made by written assignment complying with the statutory provisions as to the assignment of such choses in action11. 1 As to the meaning of 'land' in the Law of Property Act 1925 see PARA 104 note 2. 2 See the Law of Property Act 1925 s 205(1)(xvi); and PARA 104 note 1. As to creation of legal mortgages see PARA 187 et seq. 3 See the Land Registration Act 2002 ss 23(1), 25; and LAND REGISTRATION vol 26 (2004 Reissue) PARA 906 et seq. 4 Bradford Banking Co Ltd v Briggs, Son & Co Ltd (1886) 12 App Cas 29 at 36, HL, per Lord Blackburn. See also PARA 302. 5 Formerly, a first legal mortgage of freehold land was by conveyance (see PARA 187), so that any subsequent mortgage was equitable only, being a mortgage of the mortgagor's equity of redemption. A subsequent mortgage was formerly called a puisne mortgage, but that term now means a legal mortgage not protected by deposit of documents: see the Land Charges Act 1972 s 2(1), (4)(i); and LAND CHARGES vol 26 (2004 Reissue) PARAS 628-629. 6 As to the priority of mortgages see PARA 258 et seq. 7 See Frazer v Jones (1846) 5 Hare 475 at 481. 8 See the Law of Property Act 1925 s 116; and PARA 642. 9 See the Law of Property Act 1925 s 95(1), (2); and PARA 364. 10 See PARA 231. 11 See the Law of Property Act 1925 s 136(1); and CHOSES IN ACTION vol 13 (2009) PARAS 72, 80-85. Section 136(1) validates only absolute assignments not purporting to be by way of charge only, but a mortgage in ordinary form which transfers the property with a proviso for redemption and reconveyance is such an absolute assignment: see s 136(1); and CHOSES IN ACTION vol 13 (2009) PARA 76.

Halsbury's laws of England states A mortgage of registered land can be made only by a charge by deed expressed to be by way of legal mortgage or by charging the estate with the payment of money, and cannot be made by way of mortgage by demise please note "registered land"

Going back to the thread as requested Originally Posted by Halsbury's Laws of England/mortgage (VOLUME 77 (2010) 5TH EDITION)/1. DEFINITION AND CLASSIFICATION/(1) IN GENERAL/104. Legal mortgages. 104. Legal mortgages. A legal mortgage of personal property is a conditional assignment to the mortgagee of the mortgagor's legal interest in it1. A legal mortgage of land or an interest in land must be by deed2. A legal mortgage of an estate in unregistered land is effected by a charge by deed expressed to be by way of legal mortgage or a demise or sub-demise for a term of years absolute3. The effect of a legal mortgage by demise is to vest the legal estate in the term of years created by it in the mortgagee, who, unless the deed expressly provides for possession by the mortgagor until default, is immediately entitled upon the execution of the deed to possession of the property4; but the mortgagor's legal estate in the reversion of the term of years is not transferred to the mortgagee until the right of redemption is destroyed by foreclosure or sale or otherwise5. A legal charge does not vest any estate in the mortgagee, but creates a legal interest which confers on the mortgagee the same protection, powers and remedies as a mortgage by demise6. A mortgage of registered land can be made only by a charge by deed expressed to be by way of legal mortgage or by charging the estate with the payment of money, and cannot be made by way of mortgage by demise7. 1 In the Law of Property Act 1925, 'legal mortgage' means a mortgage by demise or sub-demise or a charge by way of legal mortgage, and 'legal mortgagee' has a corresponding meaning; 'mortgage money' means money or money's worth secured by a mortgage; 'mortgagor' includes any person from time to time deriving title under the original mortgagor or entitled to redeem a mortgage according to his estate interest or right in the mortgaged property; 'mortgagee' includes a chargee by way of legal mortgage and any person from time to time deriving title under the original mortgagee; and 'mortgagee in possession' is a mortgagee who, in right of the mortgage, has entered into and is in possession of the mortgaged property: s 205(1)(xvi). As to the meaning of 'mortgage' see PARA 101 note 4; and as to the meaning of 'property' see PARA 101 note 5. As to mortgages of personalty see PARAS 231-237. See also FINANCIAL SERVICES AND INSTITUTIONS vol 50 (2008) PARA 1674 et seq. 2 See the Law of Property Act 1925 s 52(1); and DEEDS AND OTHER INSTRUMENTS vol 13 (2007 Reissue) PARA 14. In the Law of Property Act 1925, 'land' includes land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and other corporeal hereditaments; and also includes a manor, an advowson, a rent and other incorporeal hereditaments, and an easement, right, privilege or benefit in, over, or derived from land; 'mines and minerals' include any strata or seam of minerals or substances in or under any land, and powers of working and getting them; 'manor' includes a lordship and reputed manor or lordship; and 'hereditament' means any real property which on an intestacy occurring before 1926 might have devolved upon an heir: s 205(1)(ix) (amended by the Trusts of Land and Appointment of Trustees Act 1996 s 25(2), Sch 4). 3 See the Law of Property Act 1925 ss 85(1), 86(1); and PARAS 190-191. Formerly the legal mortgage of real property was, as the legal mortgage of personal property still is, a conditional assurance: see PARA 187. 4 As to the mortgagee's right to possession see PARAS 338, 402 et seq. 5 As to the equity of redemption or right to redeem see PARA 302 et seq. 6 See the Law of Property Act 1925 s 87(1); and PARA 191. See also Regent Oil Co Ltd v JA Gregory (Hatch End) Ltd [1966] Ch 402 at 433, [1965] 3 All ER 673 at 680, CA, per Harman LJ. 7 See the Land Registration Act 2002 s 23(1); and LAND REGISTRATION vol 26 (2004 Reissue) PARAS 906-907.

And yours are not ?

Lol nice try, that post was about responses from the property chamber about applications made about void deeds - can it be anymore related to the topic of this thread ?

"We" ? I don't think you speak for everyone. That is a tad presumptuous even for you. Those of us that you don't speak for, can be wherever we want to be thank you

It is actually related to this thread, sorry if you don't like it

Lol, that must be related to rule 1 of the Apple rule book of this thread

This post http://www.consumeractiongroup.co.uk/forum/showthread.php?391318-Repossession-questioned-by-deeds-not-being-signed&p=4466604&viewfull=1#post4466604 Shows that you will twist things at will and will never accept you are wrong even when it is undeniable. Apple just being Apple

I take issue with the fact that you deny the obvious and even fail to understand something simple like the meaning of the word "or" - Sorry to dig that back up as you worked so hard to bury it

You have to remember rule 1 If it shows the fanciful ideas are wrong - sweep it under the carpet

Crikey ! Looks like someone has been busy posting to bury their mistakes of yesterday (well this morning)

Thank you for one of the most sensible posts of the day

lol good night caro - you will start rumours

I wonder who I won't be tomorrow - Fletch, if your lucky, tomorrow I won't be you

Stop twisting and interpreting things then Read what things say, don't interpret them to mean whatever you want them to mean on that specific day

Apple you are clutching at straws. There has been no breach of confidentiality - please for once, just read what is actually said - go on break a habit of a life time

Apple You are ignoring the fact that the Property Chamber gave me no information about lamb and the Property Chamber made no reference to lamb whatsoever, you are just making this up now what I said was "To summarise 10 applications have been submitted, out of them one has been struck out (reading posts in this thread that would most likely be Lamb), out of the remaining 9 applications 2 are due to be heard on the 20th. Ben" This was some two months after (in otherwords more than 28 days if that even matters) the property chamber had already told Alisono that Lamb had been struck out Even you must be able to see your flawed logic

Apple don't make me post chubby checker and sam cooke again, you know I will 'twist'n'

Demands for me to respond from someone that ducks and dives straight forward questions - oh the irony

If I am the only one that has made a FOI request, is it any surprise I am the only one that got a response ? more flawed apple logic

I have not forgotten about it. I think you have forgotten what you wrote about a mortgage by demise.... I did try to warn you at the time but your ego prevented you from listening. Just remember at the time, I tried to correct you and you thought you knew best

Out of context ? You either said it or you didn't Just because it does not fit in with your fanciful ideas now, does not change the fact that you said it

I would not call trying to teach you basic english and very basic property law, a lost cause Apple. I am sure one day you will understand it - it isn't that difficult you just have to ignore your desire to interpret - try it and see

Congratulations DB, you have made it onto the list of people that I am not lol