Exquisite irony

Zinda v Bank of Scotland [2011] EWCA Civ 706 In short, as you all know, the combined effect of ss.36 and 8, Administration of Justice Acts 1970 and 1973 is to allow a court hearing a claim for possession based on mortgage arrears, to, amongst other things, make suspended possession orders. The usual form of […]

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 […]

Admit nothing. Deny everything

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 suspension and the property was subsequently sold […]

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. […]

"Unauthorised tenancies": New Consultation

I have found myself unaccountably lethargic post-lunch, so when the Chief put us on to the new DCLoG consultation document on “unauthorised tenancies” I jumped at the opportunity to post on it.  It’s a beautifully produced document with lots of pictures, about a small but immensely important issue: a borrower, in breach of the mortgage […]

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 […]

Miscellany

In the continuing absence of anything like actual case law, here are some news items and catch up bits on previous stories. The Government has announced the availability of its Homeowner Mortgage Support Scheme. This is available for those with mortgages up to £400,000 and savings under £16,000, who have suffered a sudden drop in […]

The good nephew

A rather odd case dealing with competing charges on a right to buy property turned up at the High Court. Brighton & Hove City Council v Audus [2009] EWHC 340 (Ch) was an attempt by Brighton to challenge the validity of a second charge on the property held by the titleholder’s nephew, Mr Audus. Brighton […]

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 […]