Author: Jacqueline Lean
Publisher:
ISBN: 9781913715977
Category :
Languages : en
Pages : 150
Book Description
During the 2007/2008 financial crisis, figures compiled by the (then) Council of Mortgage Lenders reported a significant increase in possessions on the ground of mortgage arrears, with more claims for possession of mortgaged property than landlord and tenant possession claims during the third quarter of 2007. The recognition that something had to be done led to the introduction of the 'Pre-action protocol for mortgage possession claims based on mortgage or home purchase plan arrears in respect of residential property' which was designed to encourage early engagement between mortgagors and mortgagees with possession proceeding being a 'last possible resort'. With the temporary restrictions on possession proceedings introduced during 2020 now coming to an end, but the extent of the economic fallout from the pandemic still unclear, it is likely that the courts will once again see an increase in the number of mortgage possession claims although, it is to be hoped, not to the extent seen during the last financial crisis. This book seeks to provide practical guidance to those commencing, facing or otherwise affected by a claim for possession of mortgaged property. It focuses primarily on residential property in England and Wales, and sets out the steps that need to be followed to pursue or defend a claim, the defences which may be available in a particular case, and the judicial powers or discretions which may assist a mortgagor, occupier or other person with an interest in the property at issue. ABOUT THE AUTHOR Jacqueline Lean is a barrister at Landmark Chambers. Her practice encompasses all matters relating to the use and development of land, including landlord and tenant and real property disputes. CONTENTS Chapter One - Mortgages & The Right to Possession: An Overview Chapter Two - Statutory Regulation Chapter Three - Procedure Chapter Four - Residential Property Chapter Five - Defences Chapter Six - Occupiers & Third Parties Chapter Seven - Money Claims and Counterclaims Chapter Eight - Insolvency Chapter Nine - Suspension and Execution of Possession Orders
A Practical Guide to Mortgage Possession Proceedings
Author: Jacqueline Lean
Publisher:
ISBN: 9781913715977
Category :
Languages : en
Pages : 150
Book Description
During the 2007/2008 financial crisis, figures compiled by the (then) Council of Mortgage Lenders reported a significant increase in possessions on the ground of mortgage arrears, with more claims for possession of mortgaged property than landlord and tenant possession claims during the third quarter of 2007. The recognition that something had to be done led to the introduction of the 'Pre-action protocol for mortgage possession claims based on mortgage or home purchase plan arrears in respect of residential property' which was designed to encourage early engagement between mortgagors and mortgagees with possession proceeding being a 'last possible resort'. With the temporary restrictions on possession proceedings introduced during 2020 now coming to an end, but the extent of the economic fallout from the pandemic still unclear, it is likely that the courts will once again see an increase in the number of mortgage possession claims although, it is to be hoped, not to the extent seen during the last financial crisis. This book seeks to provide practical guidance to those commencing, facing or otherwise affected by a claim for possession of mortgaged property. It focuses primarily on residential property in England and Wales, and sets out the steps that need to be followed to pursue or defend a claim, the defences which may be available in a particular case, and the judicial powers or discretions which may assist a mortgagor, occupier or other person with an interest in the property at issue. ABOUT THE AUTHOR Jacqueline Lean is a barrister at Landmark Chambers. Her practice encompasses all matters relating to the use and development of land, including landlord and tenant and real property disputes. CONTENTS Chapter One - Mortgages & The Right to Possession: An Overview Chapter Two - Statutory Regulation Chapter Three - Procedure Chapter Four - Residential Property Chapter Five - Defences Chapter Six - Occupiers & Third Parties Chapter Seven - Money Claims and Counterclaims Chapter Eight - Insolvency Chapter Nine - Suspension and Execution of Possession Orders
Publisher:
ISBN: 9781913715977
Category :
Languages : en
Pages : 150
Book Description
During the 2007/2008 financial crisis, figures compiled by the (then) Council of Mortgage Lenders reported a significant increase in possessions on the ground of mortgage arrears, with more claims for possession of mortgaged property than landlord and tenant possession claims during the third quarter of 2007. The recognition that something had to be done led to the introduction of the 'Pre-action protocol for mortgage possession claims based on mortgage or home purchase plan arrears in respect of residential property' which was designed to encourage early engagement between mortgagors and mortgagees with possession proceeding being a 'last possible resort'. With the temporary restrictions on possession proceedings introduced during 2020 now coming to an end, but the extent of the economic fallout from the pandemic still unclear, it is likely that the courts will once again see an increase in the number of mortgage possession claims although, it is to be hoped, not to the extent seen during the last financial crisis. This book seeks to provide practical guidance to those commencing, facing or otherwise affected by a claim for possession of mortgaged property. It focuses primarily on residential property in England and Wales, and sets out the steps that need to be followed to pursue or defend a claim, the defences which may be available in a particular case, and the judicial powers or discretions which may assist a mortgagor, occupier or other person with an interest in the property at issue. ABOUT THE AUTHOR Jacqueline Lean is a barrister at Landmark Chambers. Her practice encompasses all matters relating to the use and development of land, including landlord and tenant and real property disputes. CONTENTS Chapter One - Mortgages & The Right to Possession: An Overview Chapter Two - Statutory Regulation Chapter Three - Procedure Chapter Four - Residential Property Chapter Five - Defences Chapter Six - Occupiers & Third Parties Chapter Seven - Money Claims and Counterclaims Chapter Eight - Insolvency Chapter Nine - Suspension and Execution of Possession Orders
The Law of Mortgages, of Real and Personal Property
Author: Francis Hilliard
Publisher: Рипол Классик
ISBN:
Category : History
Languages : en
Pages : 472
Book Description
Publisher: Рипол Классик
ISBN:
Category : History
Languages : en
Pages : 472
Book Description
Mortgage Possession Proceedings
Author: Timothy Powell
Publisher: Law Society Publishing
ISBN: 9781853289224
Category : Foreclosure
Languages : en
Pages : 0
Book Description
'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.
Publisher: Law Society Publishing
ISBN: 9781853289224
Category : Foreclosure
Languages : en
Pages : 0
Book Description
'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 Law of Mortgages, of Real and Personal Property
Author: Francis Hilliard
Publisher:
ISBN:
Category : Mortgages
Languages : en
Pages : 754
Book Description
Publisher:
ISBN:
Category : Mortgages
Languages : en
Pages : 754
Book Description
Mortgage Possession Proceedings under English Law. Legal Protections for Homeowners
Author: Armstrong Odiwuor
Publisher: GRIN Verlag
ISBN: 3389039805
Category : Law
Languages : en
Pages : 14
Book Description
Seminar paper from the year 2024 in the subject Law - Comparative Legal Systems, Comparative Law, grade: A, Free University of Berlin (Business Administration and Management), course: Business Law, language: English, abstract: This paper explores the legal framework surrounding mortgage possession proceedings, with a focus on Zara, a sole homeowner facing significant arrears after leaving her job to care for her ill brother. Zara's lender, Oak Bank, is initiating possession proceedings, raising concerns about the potential sale of her house below market value to an employee. The paper examines Oak Bank's grounds for possession under the Law of Property Act 1925 and the Administration of Justice Act 1970. It highlights possible defenses Zara can employ, including demonstrating her ability to pay arrears and invoking her right to relief under the Administration of Justice Acts. Additionally, it addresses the mortgagee's duty to act in good faith, achieve the best sale price, and avoid conflicts of interest. The paper concludes by outlining the steps Zara can take to ensure a fair and transparent sale process, safeguarding her interests.
Publisher: GRIN Verlag
ISBN: 3389039805
Category : Law
Languages : en
Pages : 14
Book Description
Seminar paper from the year 2024 in the subject Law - Comparative Legal Systems, Comparative Law, grade: A, Free University of Berlin (Business Administration and Management), course: Business Law, language: English, abstract: This paper explores the legal framework surrounding mortgage possession proceedings, with a focus on Zara, a sole homeowner facing significant arrears after leaving her job to care for her ill brother. Zara's lender, Oak Bank, is initiating possession proceedings, raising concerns about the potential sale of her house below market value to an employee. The paper examines Oak Bank's grounds for possession under the Law of Property Act 1925 and the Administration of Justice Act 1970. It highlights possible defenses Zara can employ, including demonstrating her ability to pay arrears and invoking her right to relief under the Administration of Justice Acts. Additionally, it addresses the mortgagee's duty to act in good faith, achieve the best sale price, and avoid conflicts of interest. The paper concludes by outlining the steps Zara can take to ensure a fair and transparent sale process, safeguarding her interests.
A Treatise on the Law of Mortgages of Real Property
Author: Leonard Augustus Jones
Publisher:
ISBN:
Category : Foreclosure
Languages : en
Pages : 1088
Book Description
Publisher:
ISBN:
Category : Foreclosure
Languages : en
Pages : 1088
Book Description
Mortgage Possession Actions
Author: Paul Brimelow
Publisher:
ISBN: 9780752000244
Category : Foreclosure
Languages : en
Pages : 292
Book Description
Dealing with both the domestic and commercial property markets, this book is a practical guide to the legal issues arising on an action for possession of mortgaged properties. It is concerned with defended possession proceedings and defences that can be put forward when confronted with such an action. Much of the work is concerned with the litigation arising from actions and practitioners are taken through the relevant court procedures for the conduct of such actions. Precedents are also included.
Publisher:
ISBN: 9780752000244
Category : Foreclosure
Languages : en
Pages : 292
Book Description
Dealing with both the domestic and commercial property markets, this book is a practical guide to the legal issues arising on an action for possession of mortgaged properties. It is concerned with defended possession proceedings and defences that can be put forward when confronted with such an action. Much of the work is concerned with the litigation arising from actions and practitioners are taken through the relevant court procedures for the conduct of such actions. Precedents are also included.
A Treatise on the Law of Mortgages on Personal Property
Author: Leonard Augustus Jones
Publisher:
ISBN:
Category : Chattel mortgages
Languages : en
Pages : 918
Book Description
Publisher:
ISBN:
Category : Chattel mortgages
Languages : en
Pages : 918
Book Description
Defending Possession Proceedings
Author: Jan Luba
Publisher:
ISBN: 9780905099224
Category : Acquisition of property
Languages : en
Pages : 309
Book Description
Publisher:
ISBN: 9780905099224
Category : Acquisition of property
Languages : en
Pages : 309
Book Description
Select Cases and Other Authorities on the Law of Mortgage
Author: George Washington Kirchwey
Publisher:
ISBN:
Category : Mortgages
Languages : en
Pages : 586
Book Description
Publisher:
ISBN:
Category : Mortgages
Languages : en
Pages : 586
Book Description