Link Lending Ltd v Bustard [2010] EWCA Civ 424 is an English land law case, concerning actual occupation in registered land and the vulnerable, in this case a defrauded person suffering from a mental syndrome who would have had little concept of what was occurring. The appeal court confirmed the order of the High Court: that the transfer be reversed; Link Lending discharge their charge (lose their security as against this property); Mrs Hussain (the fraudster) and Link (her unwitting lender) [be obliged] to pay Ms Bustard’s costs.
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| - Link Lending Ltd v Bustard (en)
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| - Link Lending Ltd v Bustard [2010] EWCA Civ 424 is an English land law case, concerning actual occupation in registered land and the vulnerable, in this case a defrauded person suffering from a mental syndrome who would have had little concept of what was occurring. The appeal court confirmed the order of the High Court: that the transfer be reversed; Link Lending discharge their charge (lose their security as against this property); Mrs Hussain (the fraudster) and Link (her unwitting lender) [be obliged] to pay Ms Bustard’s costs. (en)
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name
| - Link Lending Ltd v Bustard (en)
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citations
| - [2010] 18 EG 98 (en)
- [2010] 2 EGLR 55 (en)
- [2010] 28 EG 86 (en)
- [2010] EWCA Civ 424 (en)
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court
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full name
| - Link Lending Limited v Ms Susan Bustard (en)
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judges
| - Jacob LJ (en)
- Mummery LJ (en)
- Sullivan LJ (en)
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keywords
| - Actual occupation; overriding interests ; owner defrauded ; new secured lender; mental health hospitalisation; subprime mortgage crisis; mortgage fraud (en)
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has abstract
| - Link Lending Ltd v Bustard [2010] EWCA Civ 424 is an English land law case, concerning actual occupation in registered land and the vulnerable, in this case a defrauded person suffering from a mental syndrome who would have had little concept of what was occurring. The case decided that an intention to return home, from fraud-induced absence, of the rightful owner can count as "actual occupation" for the purposes of overriding interests which binds new owners and lenders in domestic properties. The defrauded owner was not absent at the time of the transfer of the home but was at most times for many months during a new replacement secured loan obtained by the fraudster. The case turned on facts including that the defrauded owner's furniture and personal effects were still there; she made relatively brief, supervised visits about once a week to check out the Property and collect post; but she was incapable of living safely in the Property and at the relevant date the powers exercised under the terms of "sectioning" otherwise prevented her from leaving her mental health hospital. The appeal court confirmed the order of the High Court: that the transfer be reversed; Link Lending discharge their charge (lose their security as against this property); Mrs Hussain (the fraudster) and Link (her unwitting lender) [be obliged] to pay Ms Bustard’s costs. (en)
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concurring
| - Jacob LJ (en)
- Sullivan LJ (en)
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opinions
| - "In this case the new and special feature is in the psychiatric problems of the person claiming actual occupation. The judge was, in my view, justified in ruling, at the conclusion of a careful and detailed judgment, that Ms Bustard was a person in actual occupation of the Property. His conclusion was supported by evidence of a sufficient degree of continuity and permanence of occupation, of involuntary residence elsewhere, which was satisfactorily explained by objective reasons, and of a persistent intention to return home when possible, as manifested by her regular visits to the Property." — Mummery LJ's judgement (en)
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prior actions
| - Appellant lender also lost in the Administrative Court at the County Court before HHJ Walker (en)
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