Ending 'Horsham' possessions?

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). This is being touted as bringing to an end the Horsham Properties v Clark & Beech […]

Mortgage possession defeated by constructive trust

An opportunity to indulge in schadenfreude at the expense of a mortgage lender is offered by HSBC v Dyche [2009] EWHC 2954 (Ch) where a claim for possession by a mortgagee was dismissed because the actual occupant of the property was beneficiary under a constructive trust. The decision gives an example of the doctrine of […]

Stick, twist or fo(u)ld?

Abbey National v Miller [2006] EWCA Civ 1520; [2007] EWCA Civ 138 Miller-Foulds v Secretary of State for Constitutional Affairs [2008] EWHC 3443 (Ch); [2009] EWCA Civ 1132 You’d be forgiven for not having noticed any of this (long running) litigation over the last 3 years (if only because you need both Casetrack and Lawtel […]

A charge for credit

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. […]

Subprime settlement

Belmain Finance Limited v Peter James Bentley High Court (Chancery Division) Cardiff. In a widely reported settlement (see here, here and here for example) this case has come to an end. Belmain Finance had lent £40,000 to Mr Bentley, secured against his home. Mr Bentley, due to having to care for his father and then […]

Two for One

Southern Pacific Mortgage Ltd v Heath [2009] EWCA Civ 1135 It has taken me a day or three to get to this one. Nobody else was up for doing it and frankly the detail of the Consumer Credit Act 1974, allegedly intended to make agreements clear for consumers, makes my head hurt. In 2002, Ms […]

It is an ex-parrot

Scrowther v Watermill Properties [2009] EW Misc 6 (EWCC) Newcastle upon Tyne County Court Continuing the Norwegian theme we appear to have adopted for such cases, here we have a example of an ex-sale and rent back agreement, void and gone to join the choir eternal. It is an interesting County Court case on collateral […]

But everybody did it…

Serious Organised Crime Agency v Pelekanos [2009] EWHC 2307 (QB) Just a quick note to observe that this case – well off our usual patch – makes clear that a significant misrepresentation on a mortgage application that would be likely to induce the lender to enter into the contact (and this can be inferred by […]

Not so much guidance, more of an exhortation

Back in our post on the 50th update to the CPR, we noted that there was a new requirement from 1 October 2009 for the Claimant in mortgage possession proceedings to notify occupiers of proceedings within 5 days of receiving notification of the date of hearing and, interestingly, to notify the local authority’s housing department […]

What is a "good" DJ?

We at NL have been having an ongoing, interesting dialogue over the past day or so about what is a good DJ, specifically when dealing with possession proceedings.  Our dialogue was initiated by an article which J forwarded to us about Judge Arthur Schack’s forensic examination of the papers when dealing with a foreclosure action, […]