Tag Archive for 'Mortgage possession'

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Views on the Mortgage possession protocol

By NL on 15/01/2009. 0 Comments

The Law Gazette this week has a couple of articles on the new mortgage repossession/money claim protocol.

First is a clear and possibly optimistic outline of the requirements of the protocol from Christopher Atkinson. Well worth a read on the details and process.

Second is a view from DJ Peter Jolly, of Portsmouth, on the operation of current law and the likely impact of the protocol, noting that clear unreasonableness of behaviour is needed to apply a costs sanction. This is particularly interesting on the use of case citation by ‘bullish’ lenders.

The January 09 Legal Action also has an outline of the requirements of the protocol, such … Read the full post

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

Sad News

By NL on 26/11/2008. 4 Comments

We are saddened to be told of the untimely death of Bob Lawrence. Some of us knew him, some of us knew of him, but hadn’t had the chance to meet him.

As many readers of NL will know, Bob Lawrence was a special adviser at the DCLG and a driving force behind its recent work on court desks, mortgage repossession, and homelessness. We had even heard, much to our gratified surprise, that he was a reader of NL. No doubt many will miss him, in whatever way they do housing work. Details of the fund being assembled (for CRISIS) to mark his memory are at: http://www.justgiving.com/boblawrence

[Edit -Read the full post

Posted in Homeless, Housing law - All and Mortgage possession. Tags: , .

Darling's Keynesian splurge

By NL on 24/11/2008. 4 Comments

And what is promised for housing?

According to this DCLG press release, the following (with my comments in brackets):

* Agreement with major lenders to wait at least three months before initiating repossession proceedings, in order to explore all other alternatives. The Government has also welcomed the commitment by lenders to look at all possible options to prevent repossession, such as reducing payments and mortgage rescue schemes.

(My impression is that most of the major lenders already waited 3 months or so. it is the sub-prime brigade packing out the Courts. As with the protocol, no form of penalty or means of enforcement.)

* Bringing forward the Government’s £200 … Read the full post

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

Mortgages, sale of property and human rights

By J on 12/10/2008. 8 Comments

Horsham Properties Group Ltd v (1) Paul Clark (2) Carol Beech and GMAC RFC Ltd (Third Party) and The Secretary of State for Justice (Intervener) [2008] EWHC 2327 (Ch)

Now this is a complicated little case which, I suspect, will give rise to more questions (and litigation) than it answered.

Mortgages: a very short introduction

Prior to 1970, if A granted B a mortgage over A’s land then, unless the mortgage contract provides otherwise, B was entitled to recover possession of it at any time. There is no need for A to default under the terms of the contract or do anything like that. B’s right to possession arose … Read the full post

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

Repossession – tips from a District Judge

By NL on 02/06/2008. 0 Comments

buy to letOn the back of tonight’s Panorama on the BBC about the impact of the mortgage/price housing market problems (available for the next week on iplayer), the Beeb has an interview with and tips from DJ Stephen Gould of Kingston-upon-Thames County Court. All sensible stuff for someone facing a repossession claim.… Read the full post

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

Letting repossessed property

By NL on 12/05/2008. 0 Comments

As a follow-up to the mortgage repossession post below, I’ve just spotted a sad story on Landlord Law blog. Tessa had a case in which private tenants discovered, when the bailiffs turned up, that the property they had just rented was subject to a mortgage repossession order which had expired before they even moved in. I suspect this is not going to be that unusual.

Tessa wonders whether there should be a duty on managing agents to ensure that the properties they let on the landlord’s behalf are actually available to let. An interesting thought. Tessa asks for comments…… Read the full post

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

Mortgage possessions – Gordon feels your pain

By NL on 10/05/2008. 0 Comments

Mortgage repossessions are rising at the fastest rate since 1991. According to the MoJ quarterly figures [pdf]:

  • Possession claims in the first quarter of 2008 were 38,688, 7% more than in the last quarter of 2007. The rise over the last year was 16%.
  • 27,530 mortgage possession orders were made on a seasonally adjusted basis, 17% higher than in the first quarter of 2007 and 9% higher than in the fourth quarter of 2007. 
  • 47% of mortgage possession orders were suspended compared to 47% in the first quarter of 2007 and 46% in the fourth quarter of 2007.

Caroline Flint and the Chancellor announced a £10 million package of measure … Read the full post

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