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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...
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....
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...
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...
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...
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...
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...
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...
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...
Hewett v First Plus Financial Group Plc [2010] EWCA Civ 312 We are a little late on this one, which the family law bloggers have already noted, but it is a bit irresistible. Mrs Hewlett was appealing a possession order obtained by First Plus against her...
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...
The Ministry of Justice has issued a consultation document on a proposal to require mortgage lenders to obtain a court order or the consent of the borrower before repossessing and selling residential owner-occupied homes. (The consultation document is here)....