Not just moral. Actual. Isn't this the O'Bonkers (Snr) case in a nutshell? Bank of Scotland Plc v Waugh & Ors [2014] EWHC 2117 (Ch)
Trusts, mortgages, signed but non-attested documents. The documents were not up to snuff but there had undeniably been a loan agreed to by all parties which had to be paid back.
So even when the charge was "successfully" challenged, the property was still sold to satisfy the mortgage but O'Bonkers has been touting it as some great victory and proof of fraud rather than sloppy paperwork ever since in an effort to extract monies from the terminally stupidthat there is no realistically arguable defence to the claim for the sums due under the facility letter and the Bank is entitled to summary judgment in respect of the sums claimed.
...
the Legal Charge was, nonetheless, effective as an equitable charge
