Master the tactical complexities of protecting creditor interests when property is pledged as security. Stay informed on the essential procedural steps and judicial precedents that can influence the enforcement process, ensuring you navigate the challenges adeptly. This topic also covers property insolvency, offering practical insights on handling the various stages of insolvency proceedings, prioritising creditor claims, and managing distressed assets with expert precision.
The following Restructuring & Insolvency news provides comprehensive and up to date legal information on The availability of proprietary injunctions in antecedent transaction claims in insolvency proceedings (Khan v Goldfarb)
The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—15 May 2025
The following Dispute Resolution news provides comprehensive and up to date legal information on Minutes of the Online Procedure Rule Committee meeting—17 March 2025
Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?Whether...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
A CH1 charge by way of legal mortgage was obtained as security for a loan. The charge was not registered at HM Land Registry because there was a prior mortgagee who refused for the charge to be registered as their consent was not obtained. Can the second mortgagee prevent the mortgagor from selling
Insolvency of freeholder landlord—issues for tenantWhat are the issues for a tenant if the freeholder landlord becomes insolvent? This Practice Note covers who the rent will become payable to and the position of the rent deposit, what happens when the landlord breaches covenants in the lease, and
Is it possible for a mortgagee in possession to grant an option to purchase? And is a court order necessary for a mortgagee to exercise their right to grant an agricultural or occupational lease to a tenant for a maximum of 50 years under section 99 of the Law of Property Act 1925?Mortgagee’s power
A house has been repossessed and the bank has possession. The mortgagor has now borrowed funds from a family member. Can the mortgagor now redeem the mortgage and 'dispose of the bank having possession of the property'? If so, how is this done—by application to the court?The mortgagor has two types
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