Mortgage Possession Proceedings
Publisher: Law Society Publishing
Author: Timothy Powell
Edition: 1st Edition (December 2011)
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Following the global financial problems of 2007 and 2008, many commentators were predicting a substantial increase in the number of mortgage possession claims. However, and slightly surprisingly, the number of repossessions have not substantially increased (and even the Council of Mortgage Lenders reviewed downwards, from 75,000 to 48,000, its estimate of the number of repossessions in 2009) due to, in part, historic low interest rates. Mortgage possession proceedings do, however, remain an important part of the County Court's workload and deserves an accessible text devoted solely to this topic: Timothy Powell's Mortgage Possession Proceedings provides exactly that.
Written by an experienced practitioner, Timothy Powell, who, until his recent appointment as a judge of the First-Tier Tribunal, had a significant case-load dealing with mortgage possession proceedings in the County Court, Mortgage Possession Proceedings is split into twenty-four concise chapters and an appendix (which has eight parts to it including a number of well-drafted precedents). The chapters cover important topics including: types of mortgages; defences; regulation of the mortgage industry; procedural requirements the lender must satisfy; all monies charges; regulated agreements under the Consumer Credit Act 1974; possession orders and appeals; applications to stay warrants for possession; how lenders seek to by-pass the Court's powers; and human rights.
Mortgage Possession Proceedings is an excellent text for anyone defending, or bringing, mortgage possession claims. It explains the law in a clear, accessible and straight-forward way. It is superbly cross-referenced to the appendices. For example, when talking about regulated agreements under the Consumer Credit Act 1974, the text is cross-referenced to the precedent defence and counterclaim in the appendices. The appendices also include a fantastic selection of materials: from defences dealing with allegations of undue influence and unfair relationships to applications to set-aside a possession order or to suspend a warrant of possession. You really do not need to look any further for a one-stop resource.
If you are advising borrowers on possession claims brought by mortgagees, you should not be without Mortgage Possession Proceedings. It expertly and briefly explains the law (but more experienced practitioners may need to look elsewhere for further analysis) meaning if you come across a tricky problem at court, the answer is probably within the text. It also deals with those practical problems which solicitors face in acting for borrowers; including the issue of fees and costs. The appendices are worth the price of the text on their own; and the fact that it comes with a CD-ROM means Mortgage Possession Proceedings (like many other texts from Law Society Publishing) provides excellent value for money.
Reviewed on 12 July 2014
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