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Vol 23 No 5 May/June 2018

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Mortgage Possession Proceedings

ISBN13: 9781853289224
Published: December 2011
Publisher: Law Society Publishing
Country of Publication: UK
Format: Paperback & CD-ROM
Price: £75.00

Low stock.

The level of mortgage possession proceedings is expected to rise over the coming months. It is important that practitioners advising parties involved in proceedings understand recent developments that have impacted the way in which proceedings and the negotiations before court are handled.

Mortgage Possession Proceedings explains the different types of mortgage product available, the law and guidance governing the rights of the parties under these agreements, and the court's powers. The author, an experienced practitioner in the field, discusses the issues arising from:-

  • an all monies mortgage
  • tenants of borrowers
  • a shared ownership property
  • joint owners
  • those with an equitable interest in the property
  • borrowers with negative equity
  • bankruptcy.

The book takes account of developments in the area affecting proceedings, including the:-

  • mortgage pre-action protocol (part of the Civil Procedure Rules)
  • mortgage possession checklist
  • Mortgage Rescue Scheme
  • Homeowners Mortgage Support
  • Law Society's mortgage repossession practice note
  • Mortgage Conduct of Business Rules
  • Mortgage Repossessions (Protection of Tenants etc.) Act 2010.
The comprehensive appendix offers extracts from relevant law and a collection of useful precedents.

Property Law, Housing Law
1. Introduction
2. Types of mortgage
3. Defences
4. The court's powers
5. The requirements which every lender must meet
6. Pre-existing regulatory regimes
7. The mortgage pre-action procotol and mortgage checklists
8. Strategies for buying time for your client
9. All monies charges
10. The Consumer Credit Acts
11. Duty advice schemes
12. Strategies for litigators at court hearings
13. Funding
14. How lenders seek to bypass the court's powers
15. Shared ownership
16. Maximising clients' income
17. Government initiatives
18. Effecting change: practical tips
19. Sale of property
20. Outright possession orders
21. Tenants of borrowers
22. Human rights
23. Complaints about mortgage lenders
24. Negative equity
25. Bankruptcy