Category: mortgages

Angel & Co (a firm) v Jenkins O’Dowd & Barth (a firm) – WLR Daily

Posted January 21st, 2009 in enforcement, jurisdiction, law reports, mortgages, solicitors by sally

Angel & Co (a firm) v Jenkins O’Dowd & Barth (a firm) [2009] EWHC 46 (Ch); [2009] WLR (D) 9

“When ordering summary enforcement of undertakings given by solicitors to redeem or discharge existing mortgages and charges over property being sold, the court was not required to conduct an inquiry to examine what would have happened had the solicitors performed the undertakings at the time they were given.”

WLR Daily, 20th January 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Horsham Properties Group Ltd v Clark and Another – Times Law Reports

Posted October 29th, 2008 in human rights, law reports, mortgages, sale of land by sally

Horsham Properties Group Ltd v Clark and Another

Chancery Division

“The exercise of a statutory power of sale under section 101 of the Law of Property Act 1925 was not a deprivation of possessions for the purposes of article 1 of the First Protocol to the European Convention on Human Rights, protecting the right to property.”

The Times, 29th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Horsham Properties Group Ltd v Clark and another (Secretary of State for Justice intervening) – WLR Daily

Posted October 9th, 2008 in human rights, law reports, mortgages, sale of land by sally

Horsham Properties Group Ltd v Clark and another (Secretary of State for Justice intervening) [2008] EWHC 2327 (Ch); [2008] WLR (D) 307

“The exercise of a statutory power of sale under s 101 of the Law of Property Act 1925 after a relevant default by the mortgagor was not a deprivation of possessions within the meaning of art 1of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR, 8th October 2008

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Thinc Group financial advisers fined record £900,000 by FSA – The Times

Posted May 16th, 2008 in financial regulation, fines, mortgages, news by sally

“The Financial Services Authority (FSA) has levied a record £900,000 fine on one of the biggest independent financial adviser (IFA) groups for serious failures in selling sub-prime mortgages.”

Full story

The Times, 16th May 2008

Source: www.timesonline.co.uk

60 lawyers caught up in mortgage fraud crackdown – The Times

Posted March 10th, 2008 in fraud, mortgages, news, solicitors by sally

“The Solicitors Regulatory Authority (SRA), the body that regulates the legal profession in England and Wales, is investigating up to 60 lawyers on suspicion of mortgage fraud.”

Full story

The Times, 6th March 2008

Source: www.timesonline.co.uk

Organised crime turning to mortgage fraud – The Independent

Posted March 6th, 2008 in fraud, mortgages, news by sally

“Mortgage fraud in the UK totalled £700m last year, the Association of Chief Police Officers said yesterday in a report that warned organised crime groups were increasingly targeting home loan providers.”

Full story

The Independent, 6th March 2008

Source: www.independent.co.uk

Mortgage defaulter keeps home – The Guardian

Posted February 13th, 2008 in mortgages, news by sally

“A man who made no mortgage payments for 15 years has had the debt cancelled and been allowed to keep his home in an appeal court ruling that could encourage mortgage lenders to pursue defaulters more aggressively.”

Full story

The Guardian, 13th February 2008

Source: www.guardian.co.uk

Ashe (Trustee in bankruptcy of Djabar Babai) v National Westminster Bank plc – WLR Daily

Posted February 12th, 2008 in adverse possession, law reports, mortgages, time limits by sally

Ashe (Trustee in bankruptcy of Djabar Babai) v National Westminster Bank plc [2008] EWCA Civ 55; [2008] WLR (D) 40

“Where a mortgagor was in exclusive possession of his mortgaged property, and the mortgagee had for more than 12 years failed to protect its security by taking steps to enforce its right to possession or to obtain payment from the mortgagor, such possession was ‘adverse possession’ for the purposes of the Limitation Act 1980 and ran in the mortgagor’s favour and against the mortgagee; and the latter’s right of action, having accrued more than 12 years before, was extinguished under the Act.”

WLR Daily, 11th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Laskar v Laskar – WLR Daily

Posted February 11th, 2008 in cohabitation, law reports, mortgages by sally

Laskar v Laskar; [2008] WLR (D) 39

“The presumption that the legal and beneficial interests of a domestic property conveyed into joint names were, in the absence of an agreement between the parties, joint and equal applied to a family home occupied by cohabitants. The presumption did not apply to commercial properties or to property purchased as an investment even where the purchasers belonged to the same family.”

WLR Daily, 8th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Meretz Investments NV and another v ACP Ltd and others – WLR Daily

Posted December 13th, 2007 in contracts, law reports, mortgages, unlawful means conspiracy by sally

Meretz Investments NV and another v ACP Ltd and others [2007] EWCA Civ 1303

“Where a party did something which he was entitled to do because of his contractual right conferred by A, the fact that it resulted in a breach of B’s contract with A could not constitute unlawful means of which A could complain in an action for damages for unlawful means conspiracy.”

WLR Daily, 12th December 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

£2bn mortgage exit fees may be refunded – Daily Telegraph

Posted July 31st, 2007 in fees, mortgages, news by sally

“Millions of homeowners are in line for refunds totalling £2 billion on ‘unfair’ mortgage exit fees.”

Full story 

Daily Telegraph, 31st July 2007

Source: www.telegraph.co.uk