The Case for Mediation in Mortgage Repossession

June 6, 2016

Pre-Action Protocol for Possession Proceedings The current Pre-action Protocol for possession proceedings based on mortgage arrears in respect of residential property (“the Protocol”) outlines the behaviour expected by the Court in mortgage repossession cases. Its aim, as noted in the Protocol, is to ensure that a lender and home owner act fairly and reasonably with … Continue reading The Case for Mediation in Mortgage Repossession

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Revised Pre-Action Protocol for Possession Proceedings

September 2, 2011

The Lord Chief Justice’s Office announced on 30 August 2011 that the “Pre-Action Protocol for Possession Proceedings based on Mortgage Arrears in respect of Residential Property” has been revised. The Pre-Action Protocol was revised following consultation with and consideration by members of the judiciary and of the legal profession representing relevant interests. The revised Pre-Action Protocol will come … Continue reading Revised Pre-Action Protocol for Possession Proceedings

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Recessionary Woes – Mortgage Fraud

September 1, 2009

On Friday, 14 August 2009, the Northern Ireland Court Service issued its statistics for the second quarter of 2009 relating to new Mortgage Repossession Actions. The statistics revealed that 954 new Mortgage Repossession Actions were initiated, compared to 584 for the equivalent quarter in 2007. The figures are not surprising given the current credit crisis and downturn … Continue reading Recessionary Woes – Mortgage Fraud

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Homeowners Mortgage Support Scheme

August 27, 2009

From 21 April 2009 the Homeowners Mortgage Support Scheme (HMSS) has been introduced UK wide and will allow borrowers to defer up to 70% of mortgage interest payments if they lose some of their income. The scheme is one of several initiatives that have been launched recently by the government to stop or reduce repossession cases. Borrowers who … Continue reading Homeowners Mortgage Support Scheme

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Repossession Pre-Action Protocol

August 7, 2009

Following the consultation which closed earlier this year Lord Chief Justice, Sir Declan Morgan has announced the “Pre-action Protocol for Possession Proceedings based on mortgage arrears in respect of residential property”. The protocol which closely follows the protocol which came into effect in November 2008 in England and Wales, will come into effect in Northern Ireland on 5 … Continue reading Repossession Pre-Action Protocol

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Appointment of a Receiver in Respect of Fixed Charges

June 8, 2009

In England and Wales Lenders are able to appoint a receiver under the Law of Property Act 1925. In Northern Ireland the relevant legislation is the Conveyancing and Law of Property Act 1881. When a Borrower of a commercial or residential property defaults on the terms of their mortgage a lender has the option to issue proceedings … Continue reading Appointment of a Receiver in Respect of Fixed Charges

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