Cousins: Law of Mortgages

• All-encompassing coverage of the law of mortgages
• Deals with every type of mortgage agreement, clearly stating the principles applicable to each
• Identifies and examines the areas of dispute between the parties involved and the remedies available under the mortgage and in court proceedings
• Considers the defences and claims commonly raised by the mortgagor in actions brought by the mortgagee
• Covers the different forms of security
• Analyses the key mortgage-related case law arising from the market collapse of 2007/2008 concerning liens
• Considers the Financial Services Act 2012, which provided a new framework for financial regulation in the United Kingdom, together with a plethora of associated regulatory reforms
• Draws on the many legislative changes in the regulatory landscape providing for consumer protection, and the regulation of consumer credit, such as the changes enshrined in the Consumer Rights Act 2015, and the Mortgage Credit Directive Order
• Written by Edward Cousins (Francis Taylor Building), Ian Clarke QC (Selborne Chambers), Stuart Hornett (Selborne Chambers) and Nick Broomfield (4 New Square)

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• Preface;
  
• Table of cases;
  
• Table of statutes;
  
• Table of statutory instruments;
  
• The nature of a mortgage;
  
• Development of the law of mortgage;
  
• Creation of legal mortgages of unregistered land;
  
• Creation of mortgages of registered land;
  
• Second and subsequent mortgages;
  
• Equitable mortgages and charges of land;
  
• Mortgages over miscellaneous interests in or related to land;
  
• Parties to mortgages;
  
• Priority of mortgages;
  
• Marshalling, contribution and exoneration;
  
• Consolidation;
  
• Subrogation;
  
• Transfer and devolution of rights under the security;
  
• Extinguishment of the security;
  
• Consumer protection;
  
• Building society law and mortgage lending;
  
• Local authority mortgages;
  
• Regulation of family property;
  
• Charging orders;
  
• Other statutory charges;
  
• Mortgages of personalty and choses in action;
  
• Debentures;
  
• Agricultural mortgages and charges;
  
• The status, rights and duties of the mortgagee;
  
• The legal mortgagee — rights, liabilities and remedies out of court;
  
• The legal mortgagee — enforcing rights in court;
  
• The equitable mortgagee or chargee — rights and remedies;
  
• The equity of redemption as an interest in property;
  
• The rights, duties and remedies of the mortgagor or charger;
  
• Discharged, void and imperfect securities;
  
• Matters incidental to the security;
  
• The mortgage debt and the mortgage account;
  
• Insolvency of the mortgagor;
  
• Insolvency of the mortgagee;
  
• Index