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New Arrival Mortgage Receivership: Law and Practice, 2nd Edition

Mortgage Receivership: Law and Practice, 2nd Edition

  • Author:
  • Publisher: Wildy, Simmonds and Hill Publishing
  • ISBN: 9780854902996
  • Published In: May 2024
  • Format: Hardback
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
HKD 1,885.00
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  • Description 
  • Contents 
  • Details

    The second edition of this authoritative title extends the cohesive theory of mortgage receivership developed in the first edition through reference to recent cases, whilst maintaining its focus on providing practical guidance to the relevant law and procedure. Thoroughly updated, with references to over 40 new cases, the book deals with a number of issues which have arisen since 2018:

      • considering in detail the difficult issue of the effect of the receivership on the borrower’s powers and the borrower’s ability to exercise those powers, in the context of Ghai v Maymask [2020] UKUT 293. • updating the possession chapter by reference to Menon v Pask [2019] EWHC 2611 (Ch) and discussing to what extent the reasoning in that decision can be extended. • new section on statutory bars to receivership including an overview of the effect of sanctions. • revised chapter on regulation by reference to a number of cases decided since the last edition. • updated to discuss new property statutes and their relevance to receivership in relation to ground rents under residential leases, registration of overseas entities, and the Building Safety Act 2022.

    Mortgage Receivership: Law and Practice also provides practical advice about what receivers should do in particular situations and how litigation involving receivers should be conducted. It is essential reading for lawyers advising receivers, or who are involved in litigation for or against receivers, and for receivers themselves.

  • Foreword to the Second Edition
    Preface to the Second Edition
    Table of Cases
    Table of Statutes
    Table of Statutory Instruments
    Table of European Material
    Table of Non-Statutory Material
    List of Abbreviations;

    1. INTRODUCTION

    2. MORTGAGE LAW
    Introduction
    What is a mortgage?
    The history of mortgages
    The Law of Property Act 1925
    The Land Registration Act 2002
    Legal and equitable mortgages
    Redemption
    Statutory powers of leasing and surrender
    Transfer by the borrower
    Transfer by the lender
    The lender’s remedies
    A money claim
    The right to preserve the security
    Possession
    Sale
    Power of attorney
    Appointment of receivers

    3. STATUTORY RESTRICTIONS ON ENFORCEMENT
    Introduction
    Insolvency
    Sanctions
    The effect of the borrower’s designation on the lender’s remedies
    The breathing space and mental health crisis moratoria

    4. CONSUMER PROTECTION LEGISLATION
    Overview of regulatory framework
    The regulatory regime for mortgage contracts under the FSMA 2000 and the MCOB
    FCA regulation
    Consumer buy-to-let mortgage regime under the MCD Order 2015
    The CCA 1974
    The effect of the CCA 1974 on the steps required to enforce a mortgage
    Unfair credit relationships

    5. APPOINTMENT
    Preconditions to appointment
    The identity of the receivers
    Formalities for appointment of receivers
    Formalities immediately following the appointment
    Consequences of acting under an invalid or defective appointment

    6. KEY THEMES
    What powers do receivers have?
    Does the borrower retain his property rights?
    The deemed agency

    7. THE RECEIVERS’ RELATIONSHIP WITH THE BORROWER
    Introduction
    Historical origins of the agency
    When the deemed agency arises
    The nature of the deemed agency
    Loss of deemed agency
    Summary of the deemed agency
    Power of attorney

    8. THE RECEIVERS AND THE LENDER
    Before the appointment
    After the appointment
    Impact of invalid or defective appointment
    The lender’s liability for the receivers’ acts and defaults

    9. THE RECEIVERS AND THIRD PARTIES
    Introduction
    The borrower’s pre-existing contracts
    Occupiers
    Landlords
    Neighbours
    New relationships
    The receivers’ liability in tort
    Statutory liabilities

    10. THE RECEIVERS’ POWERS
    Introduction
    LPA and fixed charge receivers
    The statutory regime
    Collection of income
    Delegated powers
    Power to insure
    Common powers of fixed charge receivers
    Receivers acting beyond their powers

    11. POSSESSION
    Introduction
    The receivers’ power to take possession
    Particular classes of occupier
    Possession procedure
    Duties
    The receivers in possession

    12. SALE AND THE RECEIVERS
    Introduction
    The receivers’ power of sale in the mortgage condition
    The receivers with power to sell as the borrower could
    Sale under a power of attorney
    The receivers exercising the lender’s power of sale
    A hybrid: contract under borrower’s power with conveyance by lender
    The borrower’s death or insolvency and sale
    Restrictions on sale
    The receivers’ duties on sale

    13. USE AND DISTRIBUTION OF FUNDS COLLECTED
    Income
    The borrower’s power of sale
    The lender’s power of sale
    Sanctions

    14. TERMINATION
    Modes of termination
    After termination

    15. LITIGATION
    General preliminaries
    Receivers’ application for directions
    The receivers as claimant in their own right
    Claims where the receivers rely on receivership powers
    Adverse claims made by third parties
    Adverse claims brought by the borrower or the lender

    APPENDIX
    TERMINATION OF LEASES
    Types of tenancies
    Types of termination
    Statutory continuation of tenancies
    Index

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