Foreword 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

• Bankruptcy & insolvency

• Ownership & mortgage law

• Professional & Vocational

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