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Mortgage Possession Proceedings



In stock

21 December 2011

Law Society Publishing


234 x 156
384 pages

Mortgage Possession Proceedings

Timothy Powell


Mortgage Possession Proceedings is a new book that provides an accessible guide to all aspects in a single volume.

Written by Timothy Powell, an expert in the field, its clear, jargon-free approach allows readers to grasp the main principles and apply them practically. The book covers:

  • the different types of mortgage product available and the law and guidance that govern the rights of the parties under these agreements
  • the mortgage rescue scheme, homeowners support scheme, the mortgage pre-action protocol and the mortgage possession checklist
  • regulated agreements under the Consumer Credit Act 2006
  • the impact of the Human Rights Act.

Mortgage Possession Proceedings also contains many practical examples and precedents.


1. Introduction;
2. Types of mortgage;
3. Defences;
4. Overriding interests;
5. Regulation of the mortgage industry;
6. Procedural requirements that the lender must satisfy;
7. The mortgage pre-action protocol;
8. The Court's powers;
9. All monies charges;
10. Regulated agreements under the Consumer Credit Acts;
11. Duty advice schemes;
12. The possession hearing;
13. Possession orders and appeals;
14. Applications to stay warrants for possession;
15. Funding;
16.How lender's seek to bypass the Court's powers;
17. Human Rights;
18. Shared ownership schemes;
19. Maximising Income and reducing outgoings;
20. Government initiatives;
21. Selling the property;
22. Charging orders and bankruptcy;
23. Complaints about mortgage lenders;
24. Tenants of borrowers;

About the Author

Tim Powell is a founding partner of Powell Forster Solicitors. He has nearly 30 years' experience of defending possession proceedings, including several years as a duty solicitor at Lambeth County Court defending mortgage borrowers, tenants and leaseholders facing eviction. He is a long-standing member of the Housing Law Practitioners' Association and in 2006 he was appointed as a part-time lawyer chairman of the Leasehold Valuation Tribunal and in 2011 Vice-President of the London Rent Assessment Panel.