Mortgagee in Possession in UK Law

  • X Factor, Animal Sanctuaries And The Angel Of The North – Who Said The Law Of Involuntary Bailment Is Dull?
    • Mondaq UK
    ...... [2014] EWHC 3081 (Ch), the High Court considered the duties of mortgagees, landlords and others who find themselves in the position of involuntary ... repayments the Defendant mortgagee, Redstone, had taken possession of the Claimant borrower's former home, which also operated as the Rainbow ......
  • Vacant Possession on Completion
    • Mondaq United Kingdom
    ...... The situation does change slightly when the seller is a mortgagee in possession. Most mortgagees we act for do agree to provide vacant possession but I have some concerns about this. I have previously, with ......
  • Real Estate Tip Of The Week: Managing Statutory Compliance When Selling Or Leasing
    • Mondaq UK
    ......property owner, occupier or mortgagee in possession). A responsible person must carry out, amongst other ......
  • Title Guarantee
    • Mondaq United Kingdom
    ...... never acted for a lender who is willing to sell a property as mortgagee in possession with Full or Limited title guarantee. I know some ......
  • Section 105 Law of Property Act 1925
    • Mondaq United Kingdom
    ...... application of the proceeds of sale from a property sold by a mortgagee in possession. The section is quoted below:. "The money which is ......
  • Guide For Trustees Selling Property In England & Wales
    • Mondaq United Kingdom
    ......, but would be used where the seller is selling the Property as mortgagee in possession. Enquiries. It is well known that the general principle ......
  • Finance Litigation: Recent Cases And Issues In January 2019
    • Mondaq UK
    ...... Mortgagee's duty to get best price reasonably obtainable for security. The High ... relevant to the sale of secured assets by a mortgagee in possession. It is also a reminder that valuation is not a precise science, ......
  • Mortgagees, Receivers and Security Agents: Excluding Liability on an Enforcement Sale
    • JD Supra United Kingdom
    In this alert, we consider a recent decision of the English High Court concerning the extent to which the equitable duty applicable to lenders, security agents and receivers in the context of an en...
    ...... Receiver): “Neither the Security Agent, any Receiver, nor any of their respective Delegates and sub-delegates (whether as mortgagee in possession or otherwise) shall either by reason of: (a) taking possession of or realizing all or part of the Secured Assets; or (b) taking any action permitted ......
  • Brownfield Land In The UK: Lenders' Liability
    • Mondaq United Kingdom
    ...... the mere act of lending will not result in liability, and that a mortgagee that is not in possession will not be considered an "owner" for these ......
  • Construction Of A Series Of Agreements
    • Mondaq United Kingdom
    ...... Security Deed and in breach of the Bank's equitable duties as a mortgagee exercising a power of sale. The Court held that the Bank was in breach ... good faith in accordance with the obligations of a mortgagee in possession. This article was originally written for Stephenson Harwood's quarterly ......
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