Articles tagged Mortgage possession
Admit nothing. Deny everything
Ashcroft v Bradford & Bingley Plc [2010] EWCA Civ 223
Mr Ashcroft purchased a property with the aid of a mortgage from Bradford & Bingley in 1990. He failed to make a single payment and an SPO was obtained in April 1991. He breached the terms of the suspension and the property was subsequently sold by [...]
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Stick, twist or fo(u)ld?
Abbey National v Miller [2006] EWCA Civ 1520; [2007] EWCA Civ 138
Miller-Foulds v Secretary of State for Constitutional Affairs [2008] EWHC 3443 (Ch); [2009] EWCA Civ 1132
You’d be forgiven for not having noticed any of this (long running) litigation over the last 3 years (if only because you need both Casetrack and Lawtel in order [...]
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A charge for credit
Southern Pacific Personal Loans Ltd v Walker [2009] EWCA Civ 1176
We noted this case when it was but a county court decision. The Court of Appeal decision is now available and the decision of the county court has been overturned. This looks like it’ll have put an end to what was becoming a fairly common [...]
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Subprime settlement
Belmain Finance Limited v Peter James Bentley High Court (Chancery Division) Cardiff.
In a widely reported settlement (see here, here and here for example) this case has come to an end. Belmain Finance had lent £40,000 to Mr Bentley, secured against his home. Mr Bentley, due to having to care for his father and then the [...]
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Two for One
Southern Pacific Mortgage Ltd v Heath [2009] EWCA Civ 1135
It has taken me a day or three to get to this one. Nobody else was up for doing it and frankly the detail of the Consumer Credit Act 1974, allegedly intended to make agreements clear for consumers, makes my head hurt.
In 2002, Ms Heath [...]
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It is an ex-parrot
Scrowther v Watermill Properties [2009] EW Misc 6 (EWCC) Newcastle upon Tyne County Court
Continuing the Norwegian theme we appear to have adopted for such cases, here we have a example of an ex-sale and rent back agreement, void and gone to join the choir eternal. It is an interesting County Court case on collateral agreements [...]
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But everybody did it…
Serious Organised Crime Agency v Pelekanos [2009] EWHC 2307 (QB)
Just a quick note to observe that this case – well off our usual patch – makes clear that a significant misrepresentation on a mortgage application that would be likely to induce the lender to enter into the contact (and this can be inferred by the [...]
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What is a “good” DJ?
We at NL have been having an ongoing, interesting dialogue over the past day or so about what is a good DJ, specifically when dealing with possession proceedings. Our dialogue was initiated by an article which J forwarded to us about Judge Arthur Schack’s forensic examination of the papers when dealing with a foreclosure action, [...]
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Quick to the Plunder
The decision of the Court of Appeal in Nationwide Building Society v Wright [2009] EWCA Civ 811 confirms that a court need not set aside a final charging order merely because the order was made at a time when the owner of the property was insolvent but had not yet been declared bankrupt.
Section 346 [...]
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Victory – Bjorge Lillelien style
Every now and then, a case comes to my attention which makes me causes me unimaginable joy. Redstone Mortgages Plc v Welch, Jackson & Jackson (Birmingham County Court, June 22, 2009, HHJ Worster) is one of those cases. It’s already attracted some media coverage and, with luck, might attract some more. It deserves to. I’ve [...]
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