Sale and Rent Back – Priority over charge, Round 1

North East Property Buyers Litigation [2010] EWHC 2991 (Ch) [Not on Bailii yet. Available on Lawtel or here] We noted this case was forthcoming a month ago. Judgement was given on 19 November. Thanks to James Stark, we’ve got a transcript. Thanks to being very busy, we’re late reporting it. This is a rolled up […]

Sale and rent back – coming soon?

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 […]

Tenants of defaulting mortgagees II

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 […]

Can’t hear you…

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 […]

Ain’t nothing like the real thing

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 […]

Mortgage rescue schemes and Repos: Facts and models

Despite most of our concerned glances at the various mortgage rescue schemes set up by the New Labour government (see NL’s review of Darling’s Keynesian Splurge), Pickles’ decision to review those schemes announced pretty much as soon as he began to warm his seat in DCLoG, the major amount of cash spent on advertising the […]

A charge for credit isn’t credit

Southern Pacific Securities 05-2 Plc v Walker & Anor [2010] UKSC 32 A brief note on this case, which concerned the enforceability of a credit agreement secured on the Walker’s property. Our report on the Court of Appeal decision is here, and there is little to add in this note, because the Supreme Court in […]

Undue influence alive and well

Annulment Funding Company Ltd v Cowey and Cowlam [2010] EWCA Civ 711. We here at NL often joke that, if any of us were appointed to judicial office then we doubt that anyone would ever get possession orders from us; not only are we able to demonstrate a degree of pedantry that would flummox most […]

In actual occupation but not actually living there.

Link Lending Ltd v Bustard [2010] EWCA Civ 424 This was an appeal from a mortgage possession case, centred on the issue of whether Ms Bustard could be said to be in actual occupation of the property such that she had an overriding interest under Land Registration Act 2002 (the 2002 Act) s29, schedule 3, […]

Tenants of defaulting mortgagees

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 […]