Ownership and mortgage law Books

Book SynopsisThe 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.Table of ContentsForeword 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

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Book SynopsisFannie Mae and Freddie Mac were created by Congress to serve the American Dream of homeownership.By the end of the century, they had become extremely profitable and powerful companies, instrumental in putting millions of Americans in their homes.So why does the government now want them dead?In 2008, the U.S. Treasury put Fannie and Freddie into a life-support state known as conservatorship to prevent their failureand worldwide economic chaos. The two companies, which were always controversial, have become a battleground. Today, Fannie and Freddie are profitable again but still in conservatorship. Their profits are being redirected toward reducing the federal deficit, which leaves them with no buffer should they suffer losses again.China and Japan are big owners of Fannie and Freddie securities, and they want to ensure the safety of their investmentswhich helps explain why the government is at an impasse about what to do. But the current

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Book SynopsisThis title covers all aspects of the law of mortgages, including what mortgages and charges are, parties to mortgages, void or imperfect securities, transfer and devolution of mortgages, mortgagee''s remedies, priorities of mortgages, incidence of the mortgage debt, discharge of the mortgage, accounts and costs. The fifteenth edition has been fully updated to reflect new legislation, cases, regulatory material and other developments.

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Book Synopsis

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Book Synopsis

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Book SynopsisThis first supplement brings the second edition, which published in 2011, fully up to date.Table of ContentsChapter 1 Definitions and overview Chapter 2 Historical introduction and proposals for reform Chapter 3 Interpretation, policy and human rights Chapter 4 Title to land Chapter 5 The significance of adverse possession, discontinuance and dispossession Chapter 6 The requirement that possession must be ‘adverse’ and continuous Chapter 7 The meaning of ‘possession’ Chapter 8 The factual element of possession Chapter 9 The mental element of possession — the intention to possess Chapter 10 The extent of possession: when possession of part of the surface will be treated as possession of whole Chapter 11 The extent of possession: mines and minerals Chapter 12 Possession of specific types of land Chapter 13 Whether specific uses of land constitute possession Chapter 14 How long must time run for? Chapter 15 What will stop time running? Chapter 16 Extension of time by acknowledgement or payment Chapter 20 Unregistered title Chapter 21 Registered title — Part 1 Chapter 22 Registered title — Part 2 Chapter 23 Easements, profits and other rights Chapter 24 Leases Chapter 25 Encroachments Chapter 29 Co-ownership Chapter 33 Boundaries Chapter 35 Licences and tenancies at will

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