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Mortgage Possession Proceedings

Our Price: £73.50  inc. Tax (VAT): £10.06
Author(s): Powell, Timothy;
Classification(s): Financial services law & regulation;
ISBN-13: 9781853289224
ISBN-10: 1853289221
Publication Date: 31 Dec 2011
Imprint: The Law Society
Availability: In Print
Free Stock: In Stock
Average ratings assigned : 5. Rate this product / View all ratings and comments (1) Ratings / Reviews
Publisher: The Law Society
Publication Country: United Kingdom
Binding: Mixed media product
Items: Contains Paperback and CD-ROM
Pages: 320
Dimensions: W: 156 mm / H: 234 mm

The level of mortgage possession proceedings is expected to rise over the coming months. It is important that practitioners advising parties involved in proceedings understand recent developments that have impacted the way in which proceedings and the negotiations before court are handled. 

Mortgage Possession Proceedings explains the different types of mortgage product available, the law and guidance governing the rights of the parties under these agreements, and the court's powers. The author, an experienced practitioner in the field, discusses the issues arising from: 

  • an all monies mortgage
  • tenants of borrowers
  • a shared ownership property
  • joint owners
  • those with an equitable interest in the property
  • borrowers with negative equity
  • bankruptcy. 

The book takes account of developments in the area affecting proceedings, including the: 

  • mortgage pre-action protocol (part of the Civil Procedure Rules)
  • mortgage possession checklist
  • Mortgage Rescue Scheme
  • Homeowners Mortgage Support
  • Law Society's mortgage repossession practice note
  • Mortgage Conduct of Business Rules
  • Mortgage Repossessions (Protection of Tenants etc.) Act 2010. 

The comprehensive appendix offers extracts from relevant law and a collection of useful precedents.

1. Introduction;

2. Types of mortgage;

3. Defences;

4. The court's powers;

5. The requirements which every lender must meet;

6. Pre-existing regulatory regimes;

7. The mortgage pre-action procotol and mortgage checklists;

8. Strategies for buying time for your client;

9. All monies charges;

10. The Consumer Credit Acts;

11. Duty advice schemes;

12. Strategies for litigators at court hearings;

13. Funding;

14. How lenders seek to bypass the court's powers;

15. Shared ownership;

16. Maximising clients' income;

17. Government initiatives;

18. Effecting change: practical tips;

19. Sale of property;

20. Outright possession orders;

21. Tenants of borrowers;

22. Human rights;

23. Complaints about mortgage lenders;

24. Negative equity;

25. Bankruptcy;
Append

ix.

Reviews

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Author Biography

Timothy Powell is a partner at Powell Forster Solicitors. He has more than 25 years' experience of defending mortgage possession proceedings. Timothy has lectured widely and written various articles on the area.

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