Enforcing mortgages and charges

Copyright © 2025 LexisNexis

Legal and equitable mortgages and charges

The terms ‘mortgage’ and ‘charge’ are often used as though they are interchangeable. Strictly speaking, they are not. Both are security for the payment of a debt or other obligation. However, while a mortgage confers an interest in property, a charge is the appropriation of property without giving the creditor either a general or special interest in, or possession of, the subject of the security. The classic description of a mortgage is ‘a conveyance of land…for the payment of a debt or the discharge of some other obligation for which it is given’. See Practice Note: Mortgages and land—an introduction to mortgages and legal charges over land.

Priority between interests

In addition to ensuring its security has been validly created and perfected, a secured party will want to ensure its security ranks as it expects against any other competing security interests. Disputes as to priority arise less commonly than might be expected due to the use of deeds of priority and intercreditor agreements. However, these are only of use if the creditors are aware of each others’ security

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Property Disputes News

Property Disputes weekly highlights—12 June 2025

This week's edition of Property Disputes weekly highlights includes an analysis of a case where the Technology and Construction Court clarified the limits of recoverable loss claims for damages under the Defective Premises Act 1972, an Upper Tribunal decision overturning a remediation order citing procedural irregularities, a Court of Appeal decision on whether secured debts incurred prior to a debt moratorium are excluded, and a High Court decision dismissing a beneficial interest claim in a civil recording and possession claim under the Proceeds of Crime Act 2002.

Ministry of Justice response to Taking Control of Goods Regulations consultation

The Ministry of Justice (MoJ) has published its response to the 2023 consultation on amending the regulations that govern fee recovery for enforcement agents (EAs) and High Court Enforcement Officers (HCEO). The regulations in question include the Taking Control of Goods Regulations 2013, SI 2013/1894, and the Taking Control of Goods (Fees) Regulations 2014, SI 2014/1. The response proposes reforms that extend notice periods and allow for payment by instalments at the compliance stage. These measures aim to give debtors more time and affordable options to settle their debts early, while ensuring that enforcement practitioners receive fair remuneration and the sector remains sustainable—fees that may be charged are to be increased by 5% (the new charges are set out in Appendix B).

Property Disputes weekly highlights—5 June 2025

This week's edition of Property Disputes weekly highlights includes: Supreme Court decisions on the Building Safety Act 2022 and on undue influence, clarification from the Ministry of Housing, Communities and Local Government on roof gardens when assessing if a building is higher-risk, High Court decisions on a rates mitigation scheme and the validity of a contract, and a Court of Appeal decision in which it was held that section 234 of the Insolvency Act 1986 is inapplicable for repossession when property receivers have already been appointed.

CATJ publishes Court of Appeal Civil Division Guide 2025

The Courts and Tribunals Judiciary (CATJ) has published the Court of Appeal (Civil Division) Guide, highlighting key procedures and requirements for civil appeals in that court. The guide supports CPR 52 and CPR PD 52C and provides detailed guidance on the process for appeals in the Court of Appeal, from the permission stage up to onward appeals to the Supreme Court. It reiterates the timelines for appellants and respondents and spells out the requirements for the various documents that must be prepared, including an emphasis on bundle preparation and skeleton arguments.

View Property Disputes by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Steps to take when landlord becomes insolvent—checklist

Steps to take when landlord becomes insolvent—checklistThis Checklist sets out the points that a tenant should consider if its landlord becomes insolvent. A tenant must continue to fulfil its obligations under the lease, but should also contact the insolvency practitioner immediately as a tenant

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
Steps to take when landlord becomes insolvent—checklist

Steps to take when landlord becomes insolvent—checklist

Steps to take when landlord becomes insolvent—checklistThis Checklist sets out the points that a tenant should consider if its landlord becomes insolvent. A tenant must continue to fulfil its obligations under the lease, but should also contact the insolvency practitioner immediately as a tenant

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some

Late payment penalties—inheritance tax

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid