Archive for the 'Mortgage possession' Category

Equity Release Schemes: the CA view

By Dave on 26/01/2012. 2 Comments

Cook v The Mortgage Business PLC et al [2012] EWCA Civ 17

[note for law students: this is a really important case on land registration in which the principles in Abbey National BS v Cann are considered and applied.  Please note that we do not write essays for you or respond to queries which assist you in writing your essays - we get quite snippy about such enquiries so beware.  As an academic and property law teacher myself, I get quite irate with those enquiries.  However, if you want to engage with us and our writing, we would be really happy and will respond in kind.]

Every generation seems to … Read the full post

Posted in FLW case note, Housing law - All, Licences and occupiers, Mortgage possession and Trusts and Estoppel. Tags: , .

When is a warrant executed?

By NL on 21/01/2012. 1 Comment

Royal Bank of Scotland v Bray Halifax County Court 25 November 2011

At what point in the course of an eviction and securing of a property is the warrant considered to be executed, so that no application for a stay can be made? This is a County Court case, but the Court’s decision is clear and supported.

Mrs Bray’s home was mortgaged to RBS. RBS had obtained a possession order and had obtained, then withdrawn 5 previous warrants. RBS got a further warrant. Before the eviction date Mrs B wrote to RBS offering to clear the arrears at lunchtime on 18 November 2011 as she had sold her car and … Read the full post

Posted in FLW case note, Housing law - All, Mortgage possession and Possession. Tags: , , .

Estoppel and s.2 – will we find out?

By Francis Davey on 23/12/2011. 0 Comments

In the Summer Dave and David Smith posted about the case of Kinnear v Whittaker in the High Court. Bean J allowed an appeal against the summary disposal of a possession claim where the defendant had raised proprietary estoppel as a defence. This interesting and important question about the interaction between estoppel and s.2 of the Law of Property (Miscellaneous Provisions) Act 1989 was therefore put off until trial.

The claimants appear to have been too excited to wait until then (or, more likely, but less poetically, they wanted to avoid the expense of a trial) and so appealed to the Court of Appeal. On Wednesday Stanley Burnton LJ refused … Read the full post

Posted in FLW case note, Mortgage possession, Possession, Trusts and Estoppel and Uncategorized. Tags: , , , , , .

Some footnotes: Helden v Strathmore

By Dave on 07/09/2011. 0 Comments

Helden v Strathmore [2011] EWCA Civ 542 contains lots of useful footnotes and pointers on different issues, so it’s worth a read.  In this note, I’m going to focus on two such footnotes, which have a bearing on issues with which it’s fair to say make me cross: the ambit of section 2, Law of Property (Miscellaneous Provisions) Act 1989; and the basis for a lender’s costs in seeking possession when there is no express provision in the mortgage terms.  The Court of Appeal got the answers absolutely spot-on in Helden.  The actual facts for the purposes of those footnotes are largely irrelevant so, if you’ll forgive me, I … Read the full post

Posted in FLW case note, Housing law - All, Mortgage possession and Possession. Tags: , .

Time is on my side (except in mortgage possession proceedings)*

By J on 01/07/2011. 0 Comments

Jayashankar v Lloyds TSB, Romford County Court, June 29, 2011.

A short – and important – point on mortgage possession proceedings. It appears that Mr Jayashankar had a mortgage over his property in favour of Lloyds TSB. He fell into arrears (about £14K at the time of the hearing), a possession order was made and, in due course, Lloyds issued a warrant. Mr Jayashankar applied to suspend the warrant (see ss 36 and 8, Administration of Justice Act 1970 and 1973), but the DDJ dismissed the application on the basis that he was not satisfied that Mr Jayashankar could pay the arrears within a reasonable period of time.

The … Read the full post

Posted in FLW case note, Housing law - All, Mortgage possession and Uncategorized.

Exquisite irony

By J on 24/06/2011. 9 Comments

Zinda v Bank of Scotland [2011] EWCA Civ 706

In short, as you all know, the combined effect of ss.36 and 8, Administration of Justice Acts 1970 and 1973 is to allow a court hearing a claim for possession based on mortgage arrears, to, amongst other things, make suspended possession orders. The usual form of order is usually expressed as “CMI plus £x per month”, so as to ensure that the current monthly installments are paid, together with a sum to pay off the arrears over time.

The actual form of order is an N31. That provides that the order is suspended so long as the occupier pays £X off … Read the full post

Posted in FLW case note, Housing law - All and Mortgage possession. Tags: , .

‘Defending Possession Proceedings’ update

By NL on 05/04/2011. 0 Comments

The LAG Defending Possession Proceedings (7th Edition), a book which is surely in every housing practitioner’s library, has received an update to cover Pinnock and Powell, public law and proportionality defences. The free update can be downloaded here.… Read the full post

Posted in Housing law - All, Mortgage possession and Possession.
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