Mortgage Case Study

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Mortgage Case Study

The “Margarita Sunrise” was mortgage for £ 3 000 000 with the

Hasselfree Credit Corporation under a registered deed dated 4th

January 2003. The vessel was time chartered for a period of 3 years

from Dec 2001 to carry Soya bean from Argentina and Brazil to Taiwan.

During her second year of the charter she met with an accident (off

the coast of Buenos Aires) and had to undergo emergency repairs to fix

her engines. Over the next few months she experienced frequent

problems with her engines, and it was thought that she was not

suitable to undergo any long voyages.

The owners have nevertheless extended the charter party for another

2-year term. Survey reports reveal that the vessel would have to

undertake extensive repairs to undertake any long voyages.

The owners have defaulted in paying one instalment of the mortgage and

of the insurance premium as well. It is rumoured that there are unpaid

seamen’s wages and claim from one bunker supplier from Argentina. The

vessel is set to arrive at Portsmouth on Wednesday, 16th of April

2005.

Remedies open to the Mortgage

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The remedies open to a mortgagee is usually based on information

contained in the collateral a registered deed.

Collateral Deed

This document contains details of the actual contract between the

parties, for the most part on the owner’s personal obligation under

the mortgage; for example to keep the ship seaworthy, in

classification, insured and information of interest payable on capital

sum loaned etc. In addition, references for authorisation of the

mortgagee, by giving information of such things as w...

... middle of paper ...

... offer and sold the

vessel. Fletcher sued the mortgagee on the grounds that it was an

implied term of the mortgage that he would be permitted to pay off

sums due in order to redeem. The claim succeeded since the right to

redeem was prevented by the wrongful act of the mortgagee. The court

commented it is usual to stipulate expressly in the mortgage deed that

the mortgagee has the right to take possession where the mortgagor

defaults on mortgage repayments.

[23] Ibid at 1, p. 43

[24] [1976] 1 AII ER 856

[25] Ibid at 1, p. 100

[26] Ibid at 1, p. 100

[27] Supreme Court Act 1981, section 20 (1) (a) and subsection (2) (o)

[28] Bowtle, G, Guinness, K, (2001) The Law of Ship Mortgages, Informa

Professional, London

[29] Jenny Lind (1872) L. R. 3. A & E. 529

[30] Feronia (1868) L. R. 2 A & E. 65

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