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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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is a mortgage legal if it was taken out by a patient in a mental

Resolved Question:

is a mortgage legal if it was taken out by a patient in a mental hospital who was not of sound mind?Are there any examples of case law for this please?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
-Could you explain your situation a little more?

Customer: replied 3 years ago.

I was admitted as an inpatient to the priory hospitalwith a severe mental breakdown at the time i had been remortgaging my property.I used an independent financial adviser and ended up coming out of hospital to find my previous mortgage had monthly payments of 850 and they were now 1500....clearly i would never have taken out this mortgage as i could not begin to afford the payments.I have been trying to sort this out for a long time and it has become a nightmare!

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

A mortgage is a contract.

This is an issue of basic contract law I.e. You may deny that you lacked the capacity to enter into the new mortgage and that you did not intend to enter into a legally binding contract.

You may argue that the mortgage is void on the grounds of your lack of mental capacity, see here for further information on this

http://www.rethink.org/resources/e/entering-into-a-contract-when-unwell-factsheet

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Customer: replied 3 years ago.

is there case law for this argument?

Expert:  UKSolicitorJA replied 3 years ago.
Yes, there are a few cases I can think of on this principle, see here for you to understand how it works

http://www.bailii.org/cgi-bin/markup.cgi?doc=/uk/cases/UKPC/1985/1.html&query=Void+and+contract+and+lack+and+of+and+mental+and+capacity&method=boolean

Customer: replied 3 years ago.

this is new zealand? would that be any use in the uk?

Expert:  UKSolicitorJA replied 3 years ago.
Yes, it is common law as well.

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