[6B Loans fully secured on land]
Building Societies Act 1986 (1986 c 53) | Legislation

[6B  Loans fully secured on land]

[(1)     For the purposes of this Act a loan which is owed to a building society or a subsidiary undertaking of a building society and is secured on residential property or other land is fully secured on the land if—

(a)     the principal of, and interest accrued on, the loan does not exceed the value of the requisite security; and

(b)     no, or no more than one, mortgage of the land which has priority over the society's or undertaking's mortgage is outstanding in favour of an outside person.

(2)     Where a mortgage of the residential property or other land which has priority over the society's or undertaking's mortgage is outstanding, the principal of the loan secured or, in the case of a loan by instalments, intended to be secured by that mortgage shall be deducted from the value of the requisite security for the purposes of subsection (1)(a) above.

(3)     Where the loan is secured on residential property or other land in the United Kingdom, any outstanding charge over the land which—

(a)     in the case of land in England and Wales, is registered in the appropriate local land charges register;

(b)     in the

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