The following Restructuring & Insolvency practice note Produced in partnership with John Hughes of Shakespeare Martineau LLP provides comprehensive and up to date legal information covering:
The Law of Property Act 1925 (LPA 1925) enables a mortgagee of a legal mortgage to appoint an LPA receiver. This right may alternatively (and more usually will) arise under the terms of the charge. In both cases the receiver may be referred to as a fixed charge receiver (in the latter case the receiver is not an LPA receiver, but in practice is often still referred to by this name).
The appointment of an LPA/fixed charge receiver is a remedy available to the owner of a legal mortgage. In order to appoint a receiver, the mortgagor will be need to be in default.
A default arises if the mortgagor is in breach of the terms of the mortgage. The amount secured by the mortgage must have become 'due'.
Under LPA 1925, a mortgagor shall not exercise the power of sale or the power to appoint a receiver unless:
notice requiring payment of the mortgage money has been served on the mortgagee and default has been made in payment of the mortgage money for three months, or
some interest under the money is in arrears and unpaid for two months, or
there has been a breach of some provision contained in the mortgage deed
However, LPA 1925, s 103 is usually varied or excluded by the express wording of the
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Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of actingBetween[insert petitioner name]Petitionerand[insert respondent name]RespondentTake notice that we [insert name of firm] have been appointed to act as the
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