mortgages – Current Awareness

Alerter by William Hibbert & Thomas Samuels – A Warning: all that glisters is not gold – Henderson Chambers

Posted June 13th, 2024 in abuse of process, chambers articles, litigants in person, mortgages, news by sally

‘In Stamp & Ors v Capital Home Loans Ltd & Ors [2024] EWHC 1092 (KB) Master Gidden has provided guidance on the proper approach to the growing problem of the potential conduct of litigation by unauthorised persons who, online and on social media. encourage unrepresented litigants to bring claims based on wholly misguided arguments, resulting in litigants having their claims struck out and incurring a liability in costs.’

Henderson Chambers, 16th May 2024

Source: www.hendersonchambers.co.uk

Law firm fined £12,400 for not making good on undertakings – Legal Futures

Posted May 30th, 2024 in fines, land registration, law firms, mortgages, news, undertakings by tracey

‘A law firm in Nottingham that failed to perform undertakings it gave on two property transactions – allowing another party to register a charge on one of them – has been fined £12,400.’

Legal Futures, 29th May 2024

Source: www.legalfutures.co.uk

Don’t dilly-dally on appeals, and mortgage lender paying service charges. – Nearly Legal

Posted May 13th, 2024 in appeals, housing, mortgages, news, repossession, service charges by tracey

‘Santander PLC v Harris (2024) EWHC 351 (KB). This was an application by Mr Harris for an extension of time to appeal a mortgage possession order of his flat made in favour of Santander, his lender, with a money judgment for £195,308.64 in mortgage arrears. The possession order was in December 2021 so Mr Harris was seeking an extension of time of some 14 months.’

Nearly Legal, 12th May 2024

Source: nearlylegal.co.uk

Recission for unilateral mistake: Barclays Bank UK PLC v (1) Terry & (2) Terry [2023] EWHC 2726 (Ch) and [2023] EWHC 3113 (Ch) – Gatehouse Chambers

Posted April 29th, 2024 in banking, chambers articles, land registration, mortgages, news by sally

‘In this series of two articles, we will discuss points of interest arising from the recent case Barclays Bank UK PLC v Terry & Anor (“the Barclays litigation”, “Barclays” and “Mr and Mrs Terry”) in which the writers were counsel for the defendants. This, the first article, discusses a point of substantive law (the court’s exercise of its equitable jurisdiction to rescind disposition made as a result of a unilateral mistake) the focus of the second article will be procedural (re: representative claims under CPR 19.8).’

Gatehouse Chambers, 22nd April 2024

Source: gatehouselaw.co.uk

Fraudster convicted decade ago must pay £92,500 – Law Society’s Gazette

Posted March 20th, 2023 in assets recovery, confiscation, fraud, mortgages, news, proceeds of crime, Serious Fraud Office by tracey

‘A property dealer jailed for one of the UK’s biggest mortgage frauds a decade ago has been ordered to pay a further £92,500 – money which was recovered from a settlement over a donation to a private school.’

Law Society’s Gazette, 17th March 2023

Source: www.lawgazette.co.uk

New Acts – legislation.gov.uk

Posted February 13th, 2023 in housing, legislation, mortgages, stamp duty, taxation by tracey

2023 c. 2 – Stamp Duty Land Tax (Temporary Relief) Act 2023

Source: www.legislation.gov.uk

Unravelling a mental health moratorium – Nearly Legal

Posted February 2nd, 2023 in debts, enforcement, mental health, mortgages, news, repossession by sally

Mr Kaye applied “to cancel the Current Moratorium pursuant to Regulation 19 on the grounds that (1) Mr Kaye’s interests as a judgment creditor are unfairly prejudiced by the moratorium and (2) there has been a material irregularity in that Ms Lees did not meet the relevant eligibility criteria when the application for the Current Moratorium was made (Reg 17(2)) and that the application was not made bona fide.” He also sought an injunction to restrain Ms Lees from entering a further moratorium for a period of 60 days.

Nearly Legal, 1st February 2023

Source: nearlylegal.co.uk

The importance of an appropriate Mortgagee Exclusion Clause – Local Government Lawyer

Posted September 13th, 2022 in drafting, exclusion clauses, mortgages, news by tracey

‘Claire Waring considers the use of a Mortgagee Exclusion Clause (MEC) and explains why careful drafting is key.’

Local Government Lawyer, 12th September 2022

Source: www.localgovernmentlawyer.co.uk

Financial Services and Markets Act 2001 exemptions– the importance of when an agreement is entered for unregulated lenders – 33 Bedford Row

Posted August 18th, 2022 in chambers articles, deceit, estoppel, loans, mortgages, news by sally

‘This article will consider an interesting case involving deceit, when some defendants took out an unregulated loan, secured on a residential property, on the basis that the loan was wholly or predominantly for a business purpose.’

33 Bedford Row, 11th August 2022

Source: www.33bedfordrow.co.uk

Case summary: Lee Hudson v Jayne Hathway [2022] EWHC 631 (QB) – Gatehouse Chambers

Posted April 8th, 2022 in chambers articles, cohabitation, financial dispute resolution, housing, mortgages, news, trusts by sally

‘Ms Hathway and Mr Hudson started a relationship in 1990. They had two children but did not marry. They bought a family home in joint names, with no declaration of trusts. Both worked, but Mr Hudson substantially paid the mortgage; the amount he contributed exceeded Ms Hathway’s contributions. The parties separated.’

Gatehouse Chambers, 30th March 2022

Source: gatehouselaw.co.uk

Hudson v Hathway – No Detriment, No Problem? [2022] EWHC 631 (QB) – New Square Chambers

Posted April 7th, 2022 in appeals, chambers articles, cohabitation, financial dispute resolution, mortgages, news by sally

‘James Saunders provides in-depth commentary on the recent appeal decision in Hudson v Hathway [2022] EWHC 631 (QB) which considered the role of detriment (or lack thereof) in joint name co-habitation cases. Hudson is important reading for those advising upon trust of land disputes but may need to be viewed cautiously.’

New Square Chambers, 29th March 2022

Source: www.newsquarechambers.co.uk

Fire safety advice for low-rise blocks to be withdrawn, Gove says – The Guardian

Posted November 9th, 2021 in fire, government departments, health & safety, housing, leases, mortgages, news, repairs by tracey

‘Safety advice that has left thousands of households unable to sell their homes after the Grenfell Tower fire will be withdrawn by Christmas, Michael Gove has announced.’

The Guardian, 8th November 2021

Source: www.theguardian.com

Legal aid win means domestic abuse victims will no longer be asked to sell their homes to access justice – The Independent

Posted January 29th, 2021 in domestic violence, legal aid, legal representation, mortgages, news, women by tracey

‘Domestic abuse victims blocked from getting legal aid will no longer be pushed into selling their homes in a bid to obtain justice and secure safety from their violent partners.’

The Independent, 28th January 2021

Source: www.independent.co.uk

Fraud does not oust negligence claim, Supreme Court rules – Law Society’s Gazette

Posted November 5th, 2020 in defences, fraud, illegality, mortgages, negligence, news, Supreme Court by tracey

‘Lawyers have stressed that the illegality principle in civil claims remains intact despite the Supreme Court finding in favour of a mortgage fraudster in a dispute with a law firm.’

Law Society's Gazette, 4th November 2020

Source: www.lawgazette.co.uk

Green light for Mortgage Repossessions? – No. 5 Chambers

Posted October 21st, 2020 in chambers articles, coronavirus, housing, mortgages, news, practice directions, repossession by sally

‘On 31 October 2020, the ban on repossession proceedings comes to an end. Approximately 1.8 million people have taken a deferral on a mortgage, and the second period of deferral is now coming to an end. Lenders may commence or continue with possession proceedings if appropriate.’

No. 5 Chambers, 13th October 2020

Source: www.no5.com

Should I claim or should I wait? – Falcon Chambers

Posted June 16th, 2020 in coronavirus, enfranchisement, leases, mortgages, news, sale of land by sally

‘Since the property market coronavirus restrictions were lifted on 13 May 2020, there has been a reported rush to buy and sell houses and flats. Where property is leasehold, the sale of the lease is often the trigger which leads to a claim being made for either a new lease or the freehold under the Leasehold Reform Acts. The purchaser will always be concerned to see exactly what term is being acquired. A lessee of a flat wishing to buy a new lease must have owned the lease for two years before serving a notice (s. 39(2)(a) of the Leasehold Reform, Housing and Urban Development Act 1993). The same ownership period applies to a claim to acquire the freehold of a house (s. 1(1)(b) of the Leasehold Reform Act 1967).’

Falcon Chambers, June 2020

Source: www.falcon-chambers.com

Lloyds fined £64m for unfair treatment of mortgage customers – The Guardian

Posted June 12th, 2020 in banking, financial services ombudsman, fines, housing, mortgages, news by sally

‘Lloyds Banking Group has been fined £64m by the City watchdog for failing to treat mortgage customers fairly after they fell into financial difficulty.’

The Guardian, 11th June 2020

Source: www.theguardian.com

Promontoria (Oak) Limited v Emanuel [2020] EWHC 563 (Ch) – Tanfield Chambers

Posted May 29th, 2020 in assignment, debts, land registration, mortgages, news, repossession by sally

‘In a possession and money claim brought by the registered assignee of a legal charge, the Appeal Judge found that the Claimant was entitled to possession as the registered title holder of a legal charge, despite his allowing the Defendant’s appeal and holding that the Claimant had not proved that a valid assignment of the debt had occurred at trial.’

Tanfield Chambers, 28th May 2020

Source: www.tanfieldchambers.co.uk

Overriding interest trumped by overreaching – Radcliffe Chambers

Posted April 16th, 2020 in chambers articles, easements, mortgages, news, sale of land by sally

‘It was in City of London Building Society v Flegg that the House of Lords notably considered the position of overriding interests and those interests said to overreach them in the context of a mortgage of a property occupied by a third party. The courts had reason to revisit this area of the law much more recently in Baker v Craggs when the owner of the dominant tenement of an easement claimed that his interest overreached the overriding interest of the owner of the servient tenement. Now, in an ex tempore judgment given on the 19th March 2020, Jeremy Hyam QC, sitting as a Recorder in the County Court at Bristol, has adjudicated upon a similar issue in the case of Knight v Fernley in which the unregistered purchaser of a property who had gone into actual occupation of it claimed that her interest overrode that of a later transferee of the very same land.’

Radcliffe Chambers, 31st March 2020

Source: radcliffechambers.com

No new possession claims (for at least 3 months) – Nearly Legal

Posted March 19th, 2020 in emergency powers, mortgages, news, repossession by sally

‘The Government has just announced emergency legislation to do the following:

– Stop any new possession claims (social and private tenancies) being issued at court for the next three months (at least).
– Introduce a new pre-action protocol for possession claims, to apply after the three months (or whenever) which will apply to private as well as social tenancies to strengthen its remit and to “support the necessary engagement between landlords and tenants to resolve disputes and landlords will have to reach out to tenants to understand the financial position they are in.”’

Nearly Legal, 18th March 2020

Source: nearlylegal.co.uk

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