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Purchase and leaseback schemes – are they binding on a lender?

1 February 2012 | Jackie Hanlon Comments Off

This appeal concerned nine test cases involving purchase and leaseback schemes whereby owners of properties (“the Vendors”) had sold their homes to purchasers (“the Purchasers”), who had promised...
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Resolving costs payable in respect of a mortgage

6 January 2012 | Steven Mills Comments Off

Where a bank takes steps to enforce a mortgage against the borrower, a bank is usually entitled to recover all of its costs including solicitor’s costs from the borrower on a full indemnity basis. ...
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The Chancellor’s Autumn Statement: good and bad news for homebuyers

5 December 2011 | Richard John | 1 comment

There was good and bad news for homebuyers in the Chancellor’s recent Autumn Statement. The introduction of a new-build indemnity scheme, aimed at increasing the supply of affordable mortgage finance...
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Enforcing a suspended possession order following subsequent default

13 July 2011 | Jackie Hanlon Comments Off

Where a borrower makes an arrangement with a lender following a possession order for arrears to be added to the loan, but then the borrower subsequently falls into arrears again, is the lender entitled...
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What happens if a legal mortgage over a residential property is taken in breach of the Financial Services and Markets Act 2000?

18 May 2011 | Steven Mills Comments Off

Where the underlying main loan secured on land is to be used in connection with a dwelling by the borrower, then it will be a regulated mortgage contract.  Section 23 (1) of the Financial Services and...
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The Directive on credit agreements relating to residential property

5 May 2011 | Karen Jacobs Comments Off

The European Commission has published proposal for a directive on credit agreements relating to residential property. Please see link. http://ec.europa.eu/internal_market/finservices-retail/docs/credit/mortgage/com_2011_142_en.pdf The...
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Overriding interests

18 November 2010 | Karen Jacobs Comments Off

This recent case considered whether a person who had an overriding interest can be taken to have authorised a charge and so be bound by it. Mrs Qutb had suffered from Alzheimer’s disease for a number...
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The ability to marshall

4 November 2010 | Karen Jacobs

Where one debtor owes different debts to two or more creditors, but one of the creditors can enforce its claim against more than one security and the other can only resort to one, the equitable principle...
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Breach of solicitors’ duty

20 October 2010 | Karen Jacobs Comments Off

Money was advanced by the claimant lender to the defendant solicitors with respect to a purchase of a property in Barnet.  The claimant sent the firm of solicitors a standard certificate of title. The...
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Undue influence

24 June 2010 | Karen Jacobs | 1 comment

Can a court make a finding of actual undue influence even if this is not pleaded? Even where a finding of undue influence is made, if one part of the transaction is not affected by the undue influence,...
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