Mortgage Receivership: Law and Practice by Stephanie Tozer (English) Hardcover B

Description: Mortgage Receivership: Law and Practice by Stephanie Tozer, Cecily Crampin, Tricia Hemans 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. FORMAT Hardcover LANGUAGE English CONDITION Brand New Publisher Description 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 borrowers powers and the borrowers 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. Table of Contents Foreword to the Second EditionPreface to the Second EditionTable of CasesTable of StatutesTable of Statutory InstrumentsTable of European MaterialTable of Non-Statutory MaterialList of Abbreviations1INTRODUCTION2MORTGAGE LAWIntroductionWhat is a mortgage?The history of mortgagesThe Law of Property Act 1925The Land Registration Act 2002Legal and equitable mortgagesRedemptionStatutory powers of leasing and surrenderTransfer by the borrowerTransfer by the lenderThe lenders remediesA money claimThe right to preserve the securityPossessionSalePower of attorneyAppointment of receivers3STATUTORY RESTRICTIONS ON ENFORCEMENTIntroductionInsolvencySanctionsThe effect of the borrowers designation on the lenders remediesThe breathing space and mental health crisis moratoria4CONSUMER PROTECTION LEGISLATIONOverview of regulatory frameworkThe regulatory regime for mortgage contracts under the FSMA 2000and the MCOBFCA regulationConsumer buy-to-let mortgage regime under the MCD Order 2015The CCA 1974The effect of the CCA 1974 on the steps required to enforce a mortgageUnfair credit relationships5APPOINTMENTPreconditions to appointmentThe identity of the receiversFormalities for appointment of receiversFormalities immediately following the appointmentConsequences of acting under an invalid or defective appointment6KEY THEMESWhat powers do receivers have?Does the borrower retain his property rights?The deemed agency7THE RECEIVERS RELATIONSHIP WITH THE BORROWERIntroductionHistorical origins of the agencyWhen the deemed agency arisesThe nature of the deemed agencyLoss of deemed agencySummary of the deemed agencyPower of attorney8THE RECEIVERS AND THE LENDERBefore the appointmentAfter the appointmentImpact of invalid or defective appointmentThe lenders liability for the receivers acts and defaults9THE RECEIVERS AND THIRD PARTIESIntroductionThe borrowers pre-existing contractsOccupiersLandlordsNeighboursNew relationshipsThe receivers liability in tortStatutory liabilities10THE RECEIVERS POWERSIntroductionLPA and fixed charge receiversThe statutory regimeCollection of incomeDelegated powersPower to insureCommon powers of fixed charge receiversReceivers acting beyond their powers11POSSESSIONIntroductionThe receivers power to take possessionParticular classes of occupierPossession procedureDutiesThe receivers in possession12SALE AND THE RECEIVERSIntroductionThe receivers power of sale in the mortgage conditionThe receivers with power to sell as the borrower couldSale under a power of attorneyThe receivers exercising the lenders power of saleA hybrid: contract under borrowers power with conveyanceby lenderThe borrowers death or insolvency and saleRestrictions on saleThe receivers duties on sale13USE AND DISTRIBUTION OF FUNDS COLLECTEDIncomeThe borrowers power of saleThe lenders power of saleSanctions14TERMINATIONModes of terminationAfter termination15LITIGATIONGeneral preliminariesReceivers application for directionsThe receivers as claimant in their own rightClaims where the receivers rely on receivership powersAdverse claims made by third partiesAdverse claims brought by the borrower or the lenderAPPENDIXTERMINATION OF LEASESTypes of tenanciesTypes of terminationStatutory continuation of tenanciesIndex Details ISBN0854902996 Author Tricia Hemans Publisher Wildy, Simmonds and Hill Publishing Edition Description 2nd Revised edition Edition 2nd ISBN-13 9780854902996 Format Hardcover Imprint Wildy, Simmonds and Hill Publishing Place of Publication London Country of Publication United Kingdom Replaces 9780854902521 Audience Professional & Vocational Language English ISBN-10 0854902996 DEWEY 346.4104364 Year 2024 Pages 638 Publication Date 2024-05-15 UK Release Date 2024-05-15 We've got this At The Nile, if you're looking for it, we've got it. 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