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Mortgage Receivership: Law and Practice 2nd ed

Stephanie Tozer, Cecily Crampin, Tricia Hemans

ISBN13: 9780854902996

Previous Edition ISBN: 9780854902521

Published: May 2024

Publisher: Wildy, Simmonds and Hill Publishing

Country of Publication: UK

Format: Hardback

Price: £145.00

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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.

Subjects:: Insolvency Law, Property Law, Wildy, Simmonds and Hill

Contents:: 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