header-logo header-logo

Keeping mortgagees in the loop

09 September 2016
Issue: 7713 / Categories: Case law , Judicial line , In Court
printer mail-detail

What is the practical point in the applicant to a charging order application having to serve the mortgagee with notice of the final charging order application hearing? It seems to me that applicants are needlessly being required to take this step as well as having to serve other judgment creditors who have already obtained charging orders against the judgment debtor and secured an appropriate entry on the land register. Whether centralisation of charging order applications will see an end to this practice remains to be seen.

Centralisation will not make any difference: any creditor who is identified in the application notice or the court directs is to be served must be served and the mortgagee is such a creditor will be identified. Service makes sense. It warns the mortgagee that the judgment debtor is possibly in financial trouble and thereby gives them an opportunity to take steps to protect their security. It also enables them to consider buying out a subsequent mortgagee where the property is in negative equity and the housing market

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll