Mortgage priority in liquidation preserves earlier pari-passu charges and places unexercised subordinate security within the liquidation estate.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Competing mortgage priorities in liquidation fall within the Adjudicating Authority's jurisdiction where determining encumbrances and liquidation-estate assets is necessary for custody, verification and realisation. Earlier second pari-passu charges moved into priority after discharge of the first mortgage; a later independent simple mortgage remained subordinate under the chronological priority rule, and assignees obtained no better rights than their assignor. Non-registration did not create or defeat the underlying charge as between parties and persons with notice. Failure to elect timely realisation of subordinate security outside liquidation caused the security interest to be treated as part of the liquidation estate, supporting dismissal of the assignee's claim and delivery of title deeds to the Liquidator.....