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''Birmingham Midshires Mortgage Services Limited v Sabherwal'' () 80 P&CR 256 is an English property law case, concerning the principles of equitable interests, overriding interests, and overreaching interests. It is one of many cases where the commercial rights mortgage lenders need to do business clash with the rights of innocent parties facing the loss of their home. ==Facts== Mrs Sabherwal was facing eviction from her home, bought in the names of her two sons in 1987 with family assets and a mortgage. It was occupied by Mrs Sabherwal, her sons, and their wives. In 1990 the sons took out a loan, secured on the house, with the mortgage company; this loan replaced an existing mortgage but was primarily taken in order to finance family business interests. In 1993 the sons defaulted on the repayments. Possession proceedings soon began. Mrs Sabherwal claimed to have overriding interests; the mortgage company claimed to have overreached them. The mortgage company won the original case. The three key issues were * Did Mrs Sabherwal have an equitable interest? * Was this an overriding interest? * Did the mortgage company successfully overreach this interest? 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Birmingham Midshires Mortgage Services Ltd v Sabherwal」の詳細全文を読む スポンサード リンク
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