HLPA Conference

The Housing Law Practitioners Association (“HLPA”) host their annual conference on December 15, 2009 at the Royal College of Surgeons, London. Details have just been released (with more to follow later in September) and can be found at www.profbriefings.co.uk/hlc2009. Highlights include: (a) Richard Drabble QC giving the key note speech. Richard has had a very […]

Quick to the Plunder

The decision of the Court of Appeal in Nationwide Building Society v Wright [2009] EWCA Civ 811 confirms that a court need not set aside a final charging order merely because the order was made at a time when the owner of the property was insolvent but had not yet been declared bankrupt. Section 346 […]

Victory – Bjorge Lillelien style

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 […]

Would you credit it?

Some of you might have seen in the news recently some rather confused reports that HHJ Halbert at Chester County Court was dealing with various attempts by people to write off debts owed under credit agreements, see, for example, this from the BBC or this from the MoJ. We here at NL were not too […]

Now this is interesting…

The Observer had a very interesting article yesterday, which can be found here. It concerned the complaint by Andrew Brown (not his real name) to the Financial Ombudsman Service. Mr Brown was a tenant of a housing association who was persuaded by a mortgage adviser to take out a mortgage and purchase the property (presumably […]

With friends like these…

Cheval Bridging Finance Ltd v Bhasin and others [2009] EWCA Civ 1613. Mrs Bhasin had lived at 9 Long Acre Drive since May 1975. Initially, she was a tenant of the local authority but, in c.1988, she purchased the property under the “Right To Buy” scheme and it was registered in her sole name. Some […]

Possessions up, down and about the same

The quarterly statistics for quarter 4 2008 on possession claims and orders are out [pdf]. Unsurprisingly, it is the mortgage repossession figures from the CML that got the headlines, being up significantly on 2007 – albeit by less than initially forecast by the CML. The mortgage possession claims issued actually dropped in quarter 4 2008 […]

Protection from repossession

Andrew Dismore MP (he of Chair of the Joint Committee on Human Rights fame) has introduced a ten minute rule bill entitled ‘Home Repossession (Protection) Bill’.  In his own words, the Bill will: amend the Law of Property Act 1925 to require a mortgagee to obtain the court’s permission before exercising the power of sale, […]

Views on the Mortgage possession protocol

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 […]

FSA's repo warning

The FSA has issued a warning letter to all mortgage lenders and mortgage administrators advising them to get their houses in order, so to speak, over possession actions and arrears management. This is in line with the rather underdeveloped (publicly at least), but important, FSA regulations on Treating Customers Fairly (which is more like a […]