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Mortgage Possession Proceedings

Mortgage Possession Proceedings

  • Author:
  • Publisher: Law Society Publishing
  • ISBN: 9781853289224
  • Published In: December 2011
  • Format: Paperback , 320 pages
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 
  • Author 
  • Details

    Mortgage Possession Proceedings is a new book that provides an accessible guide to all aspects in a single volume.

    Written by Timothy Powell, an expert in the field, its clear, jargon-free approach allows readers to grasp the main principles and apply them practically. The book covers:

    • the different types of mortgage product available and the law and guidance that govern the rights of the parties under these agreements
    • the mortgage rescue scheme, homeowners support scheme, the mortgage pre-action protocol and the mortgage possession checklist
    • regulated agreements under the Consumer Credit Act 2006
    • the impact of the Human Rights Act.

    Mortgage Possession Proceedings also contains many practical examples and precedents.

  • 1. Introduction;
    2. Types of mortgage; 
    3. Defences;
    4. Overriding interests;
    5. Regulation of the mortgage industry;
    6. Procedural requirements that the lender must satisfy;
    7. The mortgage pre-action protocol;
    8. The Court's powers; 
    9. All monies charges;
    10. Regulated agreements under the Consumer Credit Acts; 
    11. Duty advice schemes;
    12. The possession hearing;
    13. Possession orders and appeals;
    14. Applications to stay warrants for possession;
    15. Funding;
    16.How lender's seek to bypass the Court's powers;
    17. Human Rights; 
    18. Shared ownership schemes;
    19. Maximising Income and reducing outgoings;
    20. Government initiatives;
    21. Selling the property; 
    22. Charging orders and bankruptcy; 
    23. Complaints about mortgage lenders; 
    24. Tenants of borrowers; 
    Appendix.

  • Tim Powell is a founding partner of Powell Forster Solicitors. He has nearly 30 years' experience of defending possession proceedings, including several years as a duty solicitor at Lambeth County Court defending mortgage borrowers, tenants and leaseholders facing eviction. He is a long-standing member of the Housing Law Practitioners' Association and in 2006 he was appointed as a part-time lawyer chairman of the Leasehold Valuation Tribunal and in 2011 Vice-President of the London Rent Assessment Panel.

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