Undue influence
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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RSS feed for mortgagesPossession proceedings – statistics published
During the first quarter of 2010, 18,504 possession proceedings were issued, which was 24% lower than the first quarter of 2009.
14,373 mortgage possession claims led to orders being made, which was...
The Office of Fair Trading (“OFT”) has published a consultation on sections 77/78/79 of the Consumer Credit Act 1974– duty to give information to debtors and the consequences of non-compliance on the enforceability of the agreement
The OFT is consulting on guidance because of concerns that some debtors are being misled into thinking that these sections can be used to get their debts written off and that some creditors are not following...
Mortgage arrears handling
The Financial Services Authority has published proposals to strengthen existing rules on arrears handling.
The key arrears proposals:
Make plain that firms must not add early repayment charges...
Mortgages – Power of sale and residential property consultation
The Ministry of Justice has today published a consultation paper on mortgages - power of sale and residential properties. It ends on 28 March 2010.
The consultation was launched in response to the case...
Bank takes subject to beneficial interest
The court found that the bank took subject to the occupier's beneficial interest in the property as they failed to make inquiry of him. Paragraph 2 of schedule 3 to the Land Registration Act 2002 provides...
Mortgage review
The FSA has published proposals for the major reforms required in the UK mortgage market to ensure that it works better for consumers and is sustainable for all market participants.
The proposals, published...
