Tag Archive for 'mortgage'

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: , .

Tenants of defaulting mortgagees

By J on 08/04/2010. 4 Comments

The CLG website is reporting that the Mortgage Repossessions (Protection of Tenants) Bill is now an Act, having received Royal Assent on April 8, 2010.

The press release explains that, where a mortgagor (other than one under a buy-to-let mortgage) has granted a tenancy of the property and fallen into arrears on his mortgage, the court will now have power to postpone any possession order obtained by the mortgage company for up to two months, so as to allow the tenant to make alternative housing arrangements.

Whilst I have no reason to doubt CLG, I’ve not been able to find the final text of the Bill/Act online and so can’t … Read the full post

Posted in FLW article and Mortgage possession. Tags: , .

Admit nothing. Deny everything

By J on 11/03/2010. 1 Comment

Ashcroft v Bradford & Bingley Plc [2010] EWCA Civ 223

Mr Ashcroft purchased a property with the aid of a mortgage from Bradford & Bingley in 1990. He failed to make a single payment and an SPO was obtained in April 1991. He breached the terms of the suspension and the property was subsequently sold by the building society in 1992. The proceeds of sale left a shortfall of c.£30,000.

In 1995 (i.e. 3 years later), the society wrote to Mr Ashcroft to ask how he proposed to pay the shortfall. Mr Ashcroft responded with “indignation at the time it had taken the building society to make the demand” but … Read the full post

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

A charge for credit

By J on 12/11/2009. 17 Comments

Southern Pacific Personal Loans Ltd v Walker [2009] EWCA Civ 1218 (although the neutral citation may change since there are two cases with number 1218)

We noted this case when it was but a county court decision. The Court of Appeal decision is now available and the decision of the county court has been overturned. This looks like it’ll have put an end to what was becoming a fairly common defence. On a purely personal note, having only just got my head around the argument (and started using it) the result is very frustrating.

The Consumer Credit Act 1974 isn’t, of course, necessarily a housing law statute. It so happens … Read the full post

Posted in FLW case note and Mortgage possession. Tags: , , .

"Unauthorised tenancies": New Consultation

By Dave on 05/08/2009. 9 Comments

I have found myself unaccountably lethargic post-lunch, so when the Chief put us on to the new DCLoG consultation document on “unauthorised tenancies” I jumped at the opportunity to post on it.  It’s a beautifully produced document with lots of pictures, about a small but immensely important issue: a borrower, in breach of the mortgage conditions, creates a tenancy of the property; during the currency of that tenancy, the lender takes possession proceedings (or just possession, eg voluntarily); the lender, on standard principles of property law, is not bound by the tenancy; but what should happen to a borrower’s “tenants” who can otherwise be evicted on short notice?  Francis’ excellent … Read the full post

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

Victory – Bjorge Lillelien style

By J on 13/07/2009. 9 Comments

Every now and then, a case comes to my attention which makes me causes me unimaginable joy. Redstone Mortgages Plc v Welch, Jackson & Jackson (Birmingham County Court, June 22, 2009, HHJ Worster) is one of those cases. It’s already attracted some media coverage and, with luck, might attract some more. It deserves to. I’ve summarised and simplified matters where possible but a full transcript is available if anyone wants it.

This was a mortgagee’s claim for possession, but with a rather unusual history. Mr & Mrs Jackson were, until October 2005, the owners of a residential property. The property was mortgaged to Cheltenham & Gloucester Building Society and … Read the full post

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

Miscellany

By NL on 21/04/2009. 0 Comments

In the continuing absence of anything like actual case law, here are some news items and catch up bits on previous stories.

The Government has announced the availability of its Homeowner Mortgage Support Scheme. This is available for those with mortgages up to £400,000 and savings under £16,000, who have suffered a sudden drop in income. They must currently have mortgages with a limited list of providers (Lloyds Bank Group which includes Halifax and Bank of Scotland, Northern Rock, the Royal Bank of Scotland which includes NatWest and Ulster Bank, Bradford and Bingley, Cumberland Building Society, and the National Australia Bank Group which includes Clydesdale and Yorkshire Bank. So, … Read the full post

Posted in Housing law - All and Various (non-housing). Tags: , .
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