This section contains material on a number of matters relating to mortgages. The topics covered can be seen in the contents list on the left.
Article contributed by Nigel Clayton Appeal - possession order and money judgment – default rate of 12% pcm compounded - judge’s findings on default rate/penalty and unfair relationship – effect of lender’s concession on amount claimed. Case name, reference...
Mortgages and Regulatory Compliance
Article contributed by Nigel Clayton, Kings Chambers Unregulated lending assuming borrowers not in occupation – consequences – sham – waiver/breach – whether default rate a penalty – undue influence Case name, reference and Bailii link Houssein & Ors v...
Article contributed by Nigel Clayton Regular orders in the county court – Part 8 Claims in the High Court seeking ‘relief’ – ‘Freemen on the Land’ style claimants – striking out Case name, reference and Bailii link Lewis v The West Brom [2023] EWHC...
Mortgages, Mortgages and Regulatory Compliance
Article contributed by Nigel Clayton Regulated Mortgage Contract – exemptions – whether unfair relationship provisions apply – whether new point can be taken on appeal Goldhill Finance Ltd v Smyth [2023] EWHC 362 (KB) Summary The High Court dismissed an...
Article contributed by Nigel Clayton - Kings Chambers Dissolution of co-debtor and mortgagor – disclaimer of lease - entitlement of individual co-debtor to vesting order or subrogation Case name, reference & Bailii link: Kensington Mortgage Company...
Article Contributed by Nigel Clayton - Kings Chambers Applications to amend – s 140A etc CCA 1974 – regulatory compliance – claim for damages for breach of MCOB – beneficial interest – form of consent – s 36 AJA 1970 Case name, reference & Bailii...
Mortgages and Insolvency, Transactional Issues
Article contributed by Graham Sellers Standard Breathing Space and Mental Health Crisis Breathing Space Moratoria – The Potential for Abuse and What Can Be Done in Response? The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis...
Mortgages and Regulatory Compliance
Article contributed by Nigel Clayton Introduction Few property lawyers profess any real enjoyment for mortgage law. Fewer still profess any real understanding of the statutory and regulatory regimes that have applied to mortgages over the years. This is hardly...
Article contributed by Nigel Clayton, Kings Chambers Misselling – claim for damages for professional negligence - requirements Taylor v Legal and General Partnership Services Ltd Bailii link: [2022] EWHC 2475 (Ch) Summary The High Court...
Article contributed by Nigel Clayton [2022] EWHC 1068 (Ch) and [2022] EWHC 1691 (Ch) Summary The court granted a vesting order in favour of a beneficial owner of property, but subject to the priority of an acquisition mortgage obtained on purchase by her...
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