Archive for the 'Mortgage possession' Category

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Set Aside or Appeal, or both?

By NL on 20/03/2011. 1 Comment

Bank of Scotland v Pereira & Pain & Pain [2011] EWCA Civ 241

This is a rather odd one. Although the case involves fraudulent sale and rent back agreements, mortgage possession and a rescinded sale and transfer of title, that isn’t why we’re writing it up. The reason this Court of Appeal case is worth attention is that it deals with, and gives guidance on, the routes available to someone seeking to overturn an order at trial that they did not attend, and specifically the interrelation of an application to set aside under CPR 39.3 and an appeal of the original order.

The background was that Mr and Mrs Pain … Read the full post

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

Tenant’s relief from Mortgagee

By NL on 13/01/2011. 1 Comment

GMAC RFC Ltd v Jones Lambeth County Court 15/11/2010

With thanks to the Legal Action Recent Developments in Housing Law – report in the January 2011 edition.

This was a case on the operation of the Mortgage Repossessions (Protection of Tenants etc) Act 2010, s.1(4), providing for the tenant of a mortgagor to apply for a two month stay of the execution of a warrant of possession by the mortgagor.

Ms Jones had a mortgage from GMAC (everyone’s favourite sub-prime lender). ON the basis of arrears of mortgage payments GMAC obtained a possession order. In June 2009, after the possession order, Ms Jones granted a 12 month fixed term AST … Read the full post

Posted in Assured Shorthold tenancy, FLW case note, Housing law - All and Mortgage possession.

Sale and Rent Back – Priority over charge, Round 1

By NL on 29/11/2010. 7 Comments

North East Property Buyers Litigation [2010] EWHC 2991 (Ch) [Not on Bailii yet. Available on Lawtel or Read the full post

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

Sale and rent back – coming soon?

By J on 23/10/2010. 5 Comments

Word reaches us (via the Garden Court North website) of what appears to be a fascinating piece of litigation in the High Court (Leeds District Registry) concerning sale and rent back schemes (as to which, see our earlier piece, here). A number of former home-owners sold their homes (generally at a substantial discount) to sale and rent back companies who, in turn, (a) funded the purchase with a mortgage and (b) promised the former owners that they could remain living in the property (on terms, I presume). The sale and rent back companies defaulted on their mortgages and the lenders have sought possession. The argument, I presume, is … Read the full post

Posted in Housing law - All, Leasehold and shared ownership, Mortgage possession, Possession and Trusts and Estoppel. Tags: .

Tenants of defaulting mortgagees II

By Francis Davey on 30/09/2010. 3 Comments

Earlier this year J reported the passage of the Mortgage Repossessions (Protection of Tenants) Act 2010 which comes into force tomorrow (1st October), together with the Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010 (No. 1809) and changes to CPR 55 and CCR O.26 as a result of the 53rd update to the civil procedure rules.

The new law gives some relief to an assured (whether or not shorthold) tenant (as well as to protected and statutory tenants under the Rent Act 1977) where a mortgage lender who is not bound by the tenancy brings proceedings for possession of the tenant’s home. The tenant has two, alternative, forms … Read the full post

Posted in Mortgage possession and Uncategorized. Tags: , , , .

Can’t hear you…

By NL on 27/09/2010. 53 Comments

There is a fascinating article in the 23/09/2010 Gazette by DJ Robert Hill on rights of audience in County Court hearings in chambers and the effect of the Legal Services Act 2007

While not strictly housing related, it is of relevance or potential use given the substantial use of ‘Legal Practice Clerks’ and the like as ‘advocates’ by mortgage lenders in possession claims. It would possibly also extend to officers of ALMO housing managers – e.g. Homes for Islington. (In this respect, see also Islington LBC v A Rexha (2006) Clerkenwell County Court 6/12/2006 and Hackney LBC v Spring (2006) County Court 18/9/2006, although both of these cases concerned the … Read the full post

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

Ain’t nothing like the real thing

By NL on 13/09/2010. 1 Comment

Vickers v Jackson [2010] EWHC 2213 (Ch)

A bit off our usual patch this one, but not too far and frankly I couldn’t resist. Not least because I get to use the word ‘Snook’ without people pointing at me and laughing.

Mr Vickers brought a claim in the High Court asking that a charge held by Mr Jackson, into which he had entered, be set aside as a sham or declared void. Mr Jackson counterclaimed for possession of the charged property and payment of the sums due under the charge.

The background was murky and (deliberately) complicated. Mr V owned a vineyard. He also had a business, Halfpenny Green Vineyards … Read the full post

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