All posts in Compliance & Legal

Can a counterclaim defeat a claim for possession?

In the recent case of Thakker and another v Northern Rock plc [2014] the High Court considered an argument by a borrower that a lender did not have a legal right to possession unless and until it had complied with […]

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There’s no excuse

In this post I shall continue with the theme of how firms fall short of the Financial Conduct Authority's (FCA) expectations, which can result in follow-up action being read more »

Give and Take – How Reliable is your Charging Clause?

In 2007, the Co-op Bank lent sums in excess of £2.1million to a company in which Mr Phillips was a Director. The advance was secured over two properties. read more »

Regulating bridging would be a step too far

It’s been a busy year for the regulator. As well as taking over the reins of the consumer credit market and implementing the Mortgage Market Review rules back read more »

Legal Brief: Hide but don’t seek

A recent case in the High Court tackled two significant areas of risk to bridging lenders and also provided some sensible guidance for inspecting valuers... In the Credit & read more »

Compliance Update: The mass changeover

By Ray Cohen, AOBP Executive Committee Member and Compliance Expert at Jackson Cohen.  The FCA welcomed firms to apply for Consumer Credit authorisations and a change of permissions. Existing firms read more »

Sharing the pain

In E.Surv Ltd v Goldsmith Williams a well-known firm of solicitors was ordered to contribute £100,000.00 to a firm of surveyors, being one half of the damages paid read more »

Toxic Charges

There has been a recent proliferation of claims made by borrowers alleging that the charge upon their mortgaged property is defective. Many of the claims have been fuelled by read more »

Legal Brief: Clear out or clear off

The fight over what happens to goods, furniture and chattels left in repossessed properties Default is almost an inevitability for secured lenders. Repossession is much rarer than most would read more »

Compliance Update: Need some time to qualify for the exit mortgage? – Watch out for the impact of MMR

By Ray Cohen, AOBP Executive Committee Member and Compliance Expert at Jackson Cohen. Needless to say, any intermediary or packager caught twisting the facts to make a read more »