Judgment in default—failure to file defence to counterclaim – Hardwicke Chambers

Posted August 25th, 2016 in default judgments, defence, mortgages, news by sally

‘The claimant lender, C, sought possession of residential property owned jointly by D1 and his partner D2 (the property) pursuant to a purported legal charge entered into by both the D1 and D2 (the charge). The charge secured D1’s liability to C arising under a guarantee whereby D1 had guaranteed the indebtedness of his company, “Ascot” to C.’

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Hardwicke Chambers, 3rd August 2016

Source: www.hardwicke.co.uk

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Mortgage Express V. Lambert – Radcliffe Chambers

Posted August 23rd, 2016 in debts, housing, internet, misrepresentation, mortgages, news, setting aside by sally

‘In the autumn of 2007 Laura Lambert was in desperate financial straits. She had a flat worth £120,000, but could not manage the mortgage repayments. Through the internet she made contact with S and C who duly visited her. They told her, to her surprise, that the flat was worth only £30,000 and offered to buy it from her for that sum. They told her that she would be able to continue living there indefinitely. She agreed to their proposal.’

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Radcliffe Chambers, 27th July 2016

Source: www.radcliffechambers.com

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Tribunal clears two solicitors of unwittingly enabling mortgage fraud – Legal Futures

Posted August 9th, 2016 in disciplinary procedures, fraud, mortgages, news, solicitors by sally

‘The Solicitors Disciplinary Tribunal (SDT) has cleared two solicitors of being unwitting parties to a mortgage fraud, saying that once the mortgagor’s solicitor had been sanctioned in 2015, the Solicitors Regulation Authority (SRA) should not have continued its case against them as the purchaser’s advisers.’

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Legal Futures, 9th August 2016

Source: www.legalfutures.co.uk

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Wrong warrants? Issues in N325 compliance – Nearly Legal

‘GCN’s Jonathan Holt sets out below the background and detail to the recent emergence of a potential argument employable by those facing a warrant for possession, whether it be as the result of rent arrears or a failure to make mortgage payments.’

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Nearly Legal, 13th July 2016

Source: www.nearlylegal.co.uk

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Supreme Court refuses to hear bid to reinstate dishonesty finding against solicitors – Legal Futures

Posted June 23rd, 2016 in appeals, fraud, mortgages, news, solicitors, Supreme Court by sally

‘The Supreme Court has refused to hear an appeal against a decision that cleared two solicitors of “dishonest assistance in a breach of trust”, in this case a mortgage fraud.’

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Legal Futures, 23rd June 2016

Source: www.legalfutures.co.uk

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Practical advice on forfeiture – Hardwicke Chambers

‘The tail-end of 2015 threw up one of those London bus-type quirks where in less than a fortnight I acted for a landlord, a lessee and a mortgagee in three cases concerning, at least in part, the issues of (a) service of forfeiture proceedings, and (b) the defendant’s non-attendance at the first hearing at which a possession order was made.’

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Hardwicke Chambers, 19th April 2016

Source: www.hardwicke.co.uk

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Don’t Overlook Overeaching – Tanfield Chambers

Posted April 26th, 2016 in banking, constructive trusts, conveyancing, interest, mortgages, news by sally

‘The case of AIB Group (UK) plc v Turner [2015] EWHC 2994 (Ch), heard over a number of days in the Birmingham District Registry towards the end of 2015, is something of a puzzle.’

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Tanfield Chambers, 22nd April 2016

Source: www.tanfieldchambers.co.uk

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Enforceability of fixed charges made by overseas companies – Tanfield Chambers

Posted April 26th, 2016 in company law, enforcement, foreign companies, mortgages, news by sally

‘It is not unknown for overseas companies to use their own procedure for creating a charge, either in accordance with their national law or otherwise. This article considers whether such a charge is enforceable over property in England and Wales.’

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Tanfield Chambers, 20th April 2016

Source: www.tanfieldchambers.co.uk

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Land Registry can sue conveyancers for mortgage misrepresentations, High Court rules – Legal Futures

‘The Land Registry can sue a former law firm for negligent misrepresentation in not checking whether a mortgage discharge form was genuine, the High Court has decided.’

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Legal Futures, 29th March 2016

Source: www.legalfutures.co.uk

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City watchdogs investigate financial age discrimination – Daily Telegraph

‘The FCA may for the first time create special rules to protect the interests of the elderly.’

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Daily Telegraph, 20th February 2016

Source: www.telegraph.co.uk

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Mortgage possession and disability discrimination – Nearly Legal

Posted January 4th, 2016 in disability discrimination, mortgages, news, repossession by sally

‘This is county court case, but a very interesting one on the issue of disability discrimination in mortgage possession proceedings.’

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Nearly Legal, 3rd January 2016

Source: www.nearlylegal.co.uk

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Are firms discriminating against you because of age? Here’s how to check – Daily Telegraph

‘We look at how the ombudsman deals with complaints about age discrimination.’

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Daily Telegraph, 25th November 2015

Source: www.telegraph.co.uk

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Who got the dogs out? – Nearly Legal

Posted November 19th, 2015 in animals, housing, mortgages, news, restraining orders, striking out by tracey

‘Moosun, & Ors v HSBC Bank Plc (t/a First Direct) [2015] EWHC 3308 (Ch). This was a part – surely now the end part – of a long running saga of a mortgage possession and sale. The novel (if unsurprising) point of law concerned the “Ors” in this claim. You will have to read on – or skip to the end of the post, for that.’

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Nearly Legal, 18th November 2015

Source: www.nearlylegal.co.uk/blog/

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Conveyancing solicitors acting for both sides must report crucial details to lenders, appeal judges rule – Legal Futures

Posted November 13th, 2015 in conveyancing, disclosure, mortgages, news, solicitors, valuation by tracey

‘Solicitors acting for both sides in property transactions are under a duty to disclose crucial details to lenders, the Court of Appeal has ruled..’

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Legal Futures, 13th November 2015

Source: www.legalfutures.co.uk

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Negligent valuation overturned, but security issuer entitled to sue, says court – OUT-LAW.com

Posted November 9th, 2015 in appeals, damages, mortgages, negligence, news, statistics, surveyors, valuation by sally

‘The Court of Appeal has suggested that a commercial mortgage-backed security (CMBS) issuer would be entitled to sue a surveyor for a potentially negligent valuation, despite overturning the finding of negligence itself.’

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OUT-LAW.com, 6th November 2015

Source: www.out-law.com

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Is equity release still a dirty word? – BBC News

Posted September 21st, 2015 in interest, loans, mortgages, news by sally

‘Whether you’re considering a cruise, a new kitchen, or just giving money to the children, the thought of liberating that cash from the value of your house is enticing.’

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BBC News, 19th September 2015

Source: www.bbc.co.uk

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Family Law Week’s Budget Briefing, July 2015 – Family Law Week

‘Richard Holme, Chartered Accountant of Creaseys, a firm which specialises in advising family lawyers on tax related family law issues, explains the Budget changes of most relevance to family lawyers.’

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Family Law Week, 8th July 2015

Source: www.familylawweek.co.uk

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Dear Occupier – Nearly Legal

Posted June 9th, 2015 in costs, housing, land registration, mortgages, news, rent by tracey

‘For reasons that will become clear in this post, rentcharges are a bit of a legal oddity. It has been a new realm for me, but I was intrigued by this case, and wiser members of the NL collective have held my hand as I headed down this particular rabbit hole.’

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Nearly Legal, 8th June 0215

Source: www.nearlylegal.co.uk

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Priority in Sale and Leaseback – Radcliffe Chambers

Posted March 19th, 2015 in contracts, equity, leases, mortgages, news by sally

‘Scott v. Southern Pacific Mortgages Ltd, in which the Supreme Court gave judgment on 22nd October 2014, has finally determined, in favour of the mortgagees, the question of priority between home owners, who had sold their homes under sale and leaseback schemes after getting into financial difficulties in return for the grant of a tenancy from the purchaser, and the mortgagees who provided the finances for the purchases. In order for the home owners’ unregistered interests to override a registered disposition under the Land Registration Act 2002, the interest had to be a proprietary interest, but prior to acquiring the legal estate a purchaser could not grant equitable rights of a proprietary character, as opposed to personal rights.’

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Radcliffe Chambers, 10th February 2015

Source: www.radcliffechambers.com

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Court rules that West Brom tracker rate rise on buy-to-let mortgages was legal – Daily Telegraph

Posted January 30th, 2015 in banking, interest, mortgages, news by sally

‘A judge has rejected claims that the lender illegally increased its tracker rates for buy-to-let customers.’

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Daily Telegraph, 29th January 2015

Source: www.telegraph.co.uk

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