CPS confiscates £4.2m from mortgage fraudster – Crown Prosecution Service

Posted November 23rd, 2016 in confiscation, Crown Prosecution Service, fraud, mortgages, press releases by tracey

‘A convicted mortgage fraudster has been stripped of more than £4 million in criminal assets after prosecutors forced him to sell off his property empire or face further time in prison.’

Full press release

Crown Prosecution Service, 18th November 2016

Source: www.cps.gov.uk

Comments Off on CPS confiscates £4.2m from mortgage fraudster – Crown Prosecution Service

Airbnb – a wonderful idea or is it? – Tanfield Chambers

Posted November 9th, 2016 in covenants, hotels, landlord & tenant, leases, mortgages, news, nuisance by sally

‘Airbnb seems like a wonderful idea. You can rent out your flat whenever convenient without having to become a full-time landlord or hotelier. It’s an easy way to earn a little extra cash with the added bonus of a world-wide network of other people’s spare rooms available for that well-deserved weekend break. Airbnb now has 60m users, 640,000 “hosts”, 2m listings and 500,000 stays per night. It’s big!’

Full story

Tanfield Chambers, 22nd October 2016

Source: www.tanfieldchambers.co.uk

Comments Off on Airbnb – a wonderful idea or is it? – Tanfield Chambers

Cherie Booth: Challenge to buy-to-let tax ‘not over yet’ despite judicial review failure – Daily Telegraph

Posted October 7th, 2016 in interest, judicial review, mortgages, news, taxation by tracey

‘Campaigners led by Cherie Booth QC said that they would continue their fight against the changes to taxation of buy-to-let income after their application to launch a judicial review of the new law was turned down.’

Full story

Daily Telegraph, 7th October 2016

Source: www.telegraph.co.uk

Comments Off on Cherie Booth: Challenge to buy-to-let tax ‘not over yet’ despite judicial review failure – Daily Telegraph

Penniless conman who posed as wealthy tycoon jailed over scam to buy Anthony Eden’s childhood home – Daily Telegraph

Posted September 29th, 2016 in fraud, mortgages, news, sentencing by tracey

‘William Davenport, 60, who claimed to earn almost half a million pounds a year as a computer executive, promised to spend whatever it took to preserve Windlestone Hall near Bishop Auckland in County Durham for future generations. But rather than being a jet-setting business mogul with millions in the bank, Davenport, was in fact a penniless conman, who span an elaborate web of deceit in order to build up a mind boggling property portfolio.’

Full story

Daily Telegraph, 28th September 2016

Source: www.telegraph.co.uk

Comments Off on Penniless conman who posed as wealthy tycoon jailed over scam to buy Anthony Eden’s childhood home – Daily Telegraph

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.’

Full story

Hardwicke Chambers, 3rd August 2016

Source: www.hardwicke.co.uk

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

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.’

Full story

Radcliffe Chambers, 27th July 2016

Source: www.radcliffechambers.com

Comments Off on Mortgage Express V. Lambert – Radcliffe Chambers

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.’

Full story

Legal Futures, 9th August 2016

Source: www.legalfutures.co.uk

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

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.’

Full story

Nearly Legal, 13th July 2016

Source: www.nearlylegal.co.uk

Comments Off on Wrong warrants? Issues in N325 compliance – Nearly Legal

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.’

Full story

Legal Futures, 23rd June 2016

Source: www.legalfutures.co.uk

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

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.’

Full story

Hardwicke Chambers, 19th April 2016

Source: www.hardwicke.co.uk

Comments Off on Practical advice on forfeiture – Hardwicke Chambers

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.’

Full story

Tanfield Chambers, 22nd April 2016

Source: www.tanfieldchambers.co.uk

Comments Off on Don’t Overlook Overeaching – Tanfield Chambers

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.’

Full story

Tanfield Chambers, 20th April 2016

Source: www.tanfieldchambers.co.uk

Comments Off on Enforceability of fixed charges made by overseas companies – Tanfield Chambers

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.’

Full story

Legal Futures, 29th March 2016

Source: www.legalfutures.co.uk

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

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.’

Full story

Daily Telegraph, 20th February 2016

Source: www.telegraph.co.uk

Comments Off on City watchdogs investigate financial age discrimination – Daily Telegraph

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.’

Full story

Nearly Legal, 3rd January 2016

Source: www.nearlylegal.co.uk

Comments Off on Mortgage possession and disability discrimination – Nearly Legal

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.’

Full story

Daily Telegraph, 25th November 2015

Source: www.telegraph.co.uk

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

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.’

Full story

Nearly Legal, 18th November 2015

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

Comments Off on Who got the dogs out? – Nearly Legal

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..’

Full story

Legal Futures, 13th November 2015

Source: www.legalfutures.co.uk

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

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.’

Full story

OUT-LAW.com, 6th November 2015

Source: www.out-law.com

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

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.’

Full story

BBC News, 19th September 2015

Source: www.bbc.co.uk

Comments Off on Is equity release still a dirty word? – BBC News