Arrears, warrants and abuse of process

A report of a County Court mortgage possession case has reached us, in which the secured lender’s behaviour resulted in a finding of abuse of process. The question was when (an if) an arrears payment had been received. Blemain Finance Ltd v Andrea Jayne Ridley Darlington County Court 21 June 2012 Ms Ridley was the […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

Sad News

We are saddened to be told of the untimely death of Bob Lawrence. Some of us knew him, some of us knew of him, but hadn’t had the chance to meet him. As many readers of NL will know, Bob Lawrence was a special adviser at the DCLG and a driving force behind its recent […]