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Mortgage Possession Proceedings, by Timothy Powell
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Mortgage Possession Proceedings is a new book that provides an accessible guide to all aspects in a single volume. Written by Timothy Powell, an expert in the field, its clear, jargon-free approach allows readers to grasp the main principles and apply them practically. The book covers: the different types of mortgage product available and the law and guidance that govern the rights of the parties under these agreements the mortgage rescue scheme, homeowners support scheme, the mortgage pre-action protocol and the mortgage possession checklist regulated agreements under the Consumer Credit Act 2006 the impact of the Human Rights Act. Mortgage Possession Proceedings also contains many practical examples and precedents.
- Published on: 2011-12-01
- Original language: English
- Number of items: 1
- Dimensions: 9.21" h x .79" w x 6.14" l, .0 pounds
- Binding: Paperback
- 384 pages
About the Author
Tim Powell is a founding partner of Powell Forster Solicitors. He has nearly 30 years' experience of defending possession proceedings, including several years as a duty solicitor at Lambeth County Court defending mortgage borrowers, tenants and leaseholders facing eviction. He is a long-standing member of the Housing Law Practitioners' Association and in 2006 he was appointed as a part-time lawyer chairman of the Leasehold Valuation Tribunal and in 2011 Vice-President of the London Rent Assessment Panel.
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Defending a possession action claim?
By Phillip Taylor MBE
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HERE'S AN ACCESSIBILE GUIDE TO ALL ASPECTS OF MORTGAGE POSSESSION PROCEEDINGS -- BRAND NEW FROM THE LAW SOCIETY, WITH ACCOMPANYING CD-ROM
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
`Your home is at risk...' etc. etc. `if you do not keep up the payments on your mortgage.' This stern message, or variations of it, is on the bottom of just about every bit of marketing literature imaginable from the mortgage lending companies.
Every mortgage holder has surely read it but it is also a sad certainty that many home owners have ended up homeless, or have faced the inevitability of homelessness because, for whatever reason, they cannot meet their mortgage commitments.
If you're a legal adviser assisting clients in this situation, you need to know about this book. Quite often, as the result of just a couple of missed payments, your client faces the prospect, not of debtors' prison as in Victorian times, chronicled by Dickens, but the equally unpleasant threat of homelessness. This clearly written and accessible book from Law Society Publishing will help immeasurably in assisting you to defend your client against any mortgage possession claims.
Author Timothy Powell bring thirty years' experience in defending mortgage possession claims in Lambeth County Court, one of the country's busiest for such claims. `Although the law of mortgages is complex,' he says,'the practice of defending mortgage possession claims is relatively straightforward.' This book gives you the advice and guidance you need to defend such claims efficiently and effectively, whether in or out of court.
All aspects of mortgage possession proceedings are explained, including the principles and their practical application. The different types of mortgage are examined, together with the law and guidance that govern the rights of the relevant parties under these agreements.
The Mortgage Rescue Scheme, the Mortgage Pre-Action Protocol and the Mortgage Pre-Action Protocol checklist, plus the regulated agreements under the Consumer Credit Acts; all these -- and more -- are covered.
Particularly useful are the eight appendices which include, for example, court forms...the SPR Rules 1998 and Practice Directions... checklist and precedents...and other supporting material, also, included as customizable documents on the accompanying CD-ROM.
As you would expect, there are extensive tables of cases, statutes, statutory instruments and European legislation to help with your further research. The law is stated as at end August 2011.
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