Question
In April 2018 Kevin and his friend, Lucas, bought Downing Cottage in a village in Suffolk. They managed to buy without a mortgage because they
In April 2018 Kevin and his friend, Lucas, bought Downing Cottage in a village in Suffolk. They managed to buy without a mortgage because they had sufficient savings. By June 2019, Kevin's business in software for computers was experiencing financial difficulties and he needed a loan of 75,000 from Quick Lend Ltd to inject into his business. Kevin told Lucas that Lucas had to agree to a mortgage over Downing Cottage in order to secure the loan because otherwise, Kevin's business would collapse. Lucas was not involved in Kevin's business, but Lucas was concerned that Kevin would be furious with him if he did not agree, so Lucas felt obliged to agree to the mortgage.
Kevin's business has had continuing difficulties despite the loan and after six months without any mortgage installments being paid, Quick Lend Ltd is claiming possession and sale of the cottage.
Advise Kevin, Lucas, and Quick Lend Ltd as to their rights, obligations, and liabilities under the mortgage.
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