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Looking for a mortgage? Why not try your local council

9 December 2011 | Richard John

There could be some further good news for potential homebuyers from an unexpected source. Following on from the Government’s recent introduction of a new-build indemnity scheme to help purchasers...

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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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Undue influence – again?

3 March 2011 | Clare Stothard Comments Off

This case dealt with very familiar arguments which a wife may raise when a bank seeks to enforce a guarantee and legal charge against her.  In September 2001, Mrs Chandra gave  a guarantee in favour...

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Sale and leaseback schemes

30 December 2010 | Karen Jacobs Comments Off

The court was asked here to determine preliminary issues in 9 test cases concerning the controversial sale and lease back schemes. These schemes enabled the occupiers of property to sell their property...

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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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Possession proceedings – statistics published

17 May 2010 | Clare Stothard

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...

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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

2 February 2010 | Steven Mills Comments Off

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...

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Mortgage arrears handling

27 January 2010 | Karen Jacobs

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...

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Mortgages – Power of sale and residential property consultation

29 December 2009 | Steven Mills Comments Off

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...

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