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Re: Personal Guarantee query
Hi SH
Ive sent you a PM.
I still dont understand the need for a guarantee if there was a legal charge executed to support the guarantee. Why have a guarantee in the first place and not just a legal charge?
I accept they may have had a right to realise the security, but they could not lawfully just help themselves. Procedure should have been followed, ie an application to Court of Protection.
As Law of Property Act Receivers are the mortgagor's agents, can you explain how the Bank could lawfully appoint LPA Receivers to take posession and dispose of the patient's property, when a person lacking capacity cannot lawfully act by such an agent?
The legal charge expressly states that any receiver so appointed shall be the agent of the mortgagor
Hi SH
Ive sent you a PM.
I still dont understand the need for a guarantee if there was a legal charge executed to support the guarantee. Why have a guarantee in the first place and not just a legal charge?
I accept they may have had a right to realise the security, but they could not lawfully just help themselves. Procedure should have been followed, ie an application to Court of Protection.
As Law of Property Act Receivers are the mortgagor's agents, can you explain how the Bank could lawfully appoint LPA Receivers to take posession and dispose of the patient's property, when a person lacking capacity cannot lawfully act by such an agent?
The legal charge expressly states that any receiver so appointed shall be the agent of the mortgagor
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