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Mortgage Receivership: Law and Practice 2nd ed


ISBN13: 9780854902996
Previous Edition ISBN: 9780854902521
Published: May 2024
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Hardback
Price: £145.00



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The second edition of this authoritative title extends the cohesive theory of mortgage receivership developed in the first edition through reference to recent cases, whilst maintaining its focus on providing practical guidance to the relevant law and procedure. Thoroughly updated, with references to over 40 new cases, the book deals with a number of issues which have arisen since 2018:

  • considering in detail the difficult issue of the effect of the receivership on the borrower’s powers and the borrower’s ability to exercise those powers, in the context of Ghai v Maymask [2020] UKUT 293.
  • updating the possession chapter by reference to Menon v Pask [2019] EWHC 2611 (Ch) and discussing to what extent the reasoning in that decision can be extended.
  • new section on statutory bars to receivership including an overview of the effect of sanctions.
  • revised chapter on regulation by reference to a number of cases decided since the last edition.
  • updated to discuss new property statutes and their relevance to receivership in relation to ground rents under residential leases, registration of overseas entities, and the Building Safety Act 2022

Mortgage Receivership: Law and Practice also provides practical advice about what receivers should do in particular situations and how litigation involving receivers should be conducted. It is essential reading for lawyers advising receivers, or who are involved in litigation for or against receivers, and for receivers themselves.

Subjects:
Insolvency Law, Property Law, Wildy, Simmonds and Hill
Contents:
Foreword to the Second Edition
Preface to the Second Edition
Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of European Material
Table of Non-Statutory Material
List of Abbreviations;

1. INTRODUCTION

2. MORTGAGE LAW
Introduction
What is a mortgage?
The history of mortgages
The Law of Property Act 1925
The Land Registration Act 2002
Legal and equitable mortgages
Redemption
Statutory powers of leasing and surrender
Transfer by the borrower
Transfer by the lender
The lender’s remedies
A money claim
The right to preserve the security
Possession
Sale
Power of attorney
Appointment of receivers

3. STATUTORY RESTRICTIONS ON ENFORCEMENT
Introduction
Insolvency
Sanctions
The effect of the borrower’s designation on the lender’s remedies
The breathing space and mental health crisis moratoria

4. CONSUMER PROTECTION LEGISLATION
Overview of regulatory framework
The regulatory regime for mortgage contracts under the FSMA 2000 and the MCOB
FCA regulation
Consumer buy-to-let mortgage regime under the MCD Order 2015
The CCA 1974
The effect of the CCA 1974 on the steps required to enforce a mortgage
Unfair credit relationships

5. APPOINTMENT
Preconditions to appointment
The identity of the receivers
Formalities for appointment of receivers
Formalities immediately following the appointment
Consequences of acting under an invalid or defective appointment

6. KEY THEMES
What powers do receivers have?
Does the borrower retain his property rights?
The deemed agency

7. THE RECEIVERS’ RELATIONSHIP WITH THE BORROWER
Introduction
Historical origins of the agency
When the deemed agency arises
The nature of the deemed agency
Loss of deemed agency
Summary of the deemed agency
Power of attorney

8. THE RECEIVERS AND THE LENDER
Before the appointment
After the appointment
Impact of invalid or defective appointment
The lender’s liability for the receivers’ acts and defaults

9. THE RECEIVERS AND THIRD PARTIES
Introduction
The borrower’s pre-existing contracts
Occupiers
Landlords
Neighbours
New relationships
The receivers’ liability in tort
Statutory liabilities

10. THE RECEIVERS’ POWERS
Introduction
LPA and fixed charge receivers
The statutory regime
Collection of income
Delegated powers
Power to insure
Common powers of fixed charge receivers
Receivers acting beyond their powers

11. POSSESSION
Introduction
The receivers’ power to take possession
Particular classes of occupier
Possession procedure
Duties
The receivers in possession

12. SALE AND THE RECEIVERS
Introduction
The receivers’ power of sale in the mortgage condition
The receivers with power to sell as the borrower could
Sale under a power of attorney
The receivers exercising the lender’s power of sale
A hybrid: contract under borrower’s power with conveyance by lender
The borrower’s death or insolvency and sale
Restrictions on sale
The receivers’ duties on sale

13. USE AND DISTRIBUTION OF FUNDS COLLECTED
Income
The borrower’s power of sale
The lender’s power of sale
Sanctions

14. TERMINATION
Modes of termination
After termination

15. LITIGATION
General preliminaries
Receivers’ application for directions
The receivers as claimant in their own right
Claims where the receivers rely on receivership powers
Adverse claims made by third parties
Adverse claims brought by the borrower or the lender

APPENDIX
TERMINATION OF LEASES
Types of tenancies
Types of termination
Statutory continuation of tenancies
Index