Ben Hanham

Ben specialises in residential mortgages with a focus on recoveries and receivership.  Ben acts for lenders on products ranging from traditional mortgages, shared equity loans, sub-prime lending to mortgages with linked flexible facilities.   

Ben’s extensive experience in recoveries means he is able to help lenders reach swift and practical solutions whilst ensuring that the lender takes a customer-centric approach. This helps lenders avoid any reputational risks that may arise during recoveries. 

In addition, Ben has experience in separately representing lenders in the creation of new securities by purchase or re-mortgage.  Ben can also advise lenders on matters than may occur during the currency of the mortgage such as customers wishing to extend their leases, porting of mortgages and notices from local authorities regarding a property’s use or condition.

Ben also specialises in asset finance recoveries in the automotive industry. 

Ben is a Council member of Bristol Law Society. 

Jurisdictions: England and Wales

• New rules were introduced into the mortgage litigation process as a result of the coronavirus pandemic in order to manage how cases were being dealt with.  Ben worked as part of the TLT team which assisted lenders in re-starting possession proceedings after the pandemic. As part of this process Ben drafted new standard documentation to lift automatic stays on proceedings and to extend warrants. Ben also dealt with a number of cases where the court had mis-applied the new rules.
• Ben has recently reviewed the processes and letters used by a large Bank when it receives correspondence from landlords and management companies regarding unpaid rent and service charges.  It is essential that lenders are able to check the veracity of such demands and that the customer is given a chance to make the payment. If the lender makes a payment to protect its security it is also important that the lender is transparent as how this is reflected in the mortgage account and whether the monthly instalments will be re-calculated to cover the expense. 
• A common cause of mortgage default is that the customer has passed away.  Ben frequently advises lenders on liaising with family members to ensure that probate is complete and the mortgage is redeemed. If that cannot be accomplished then Ben provides advice on whether to bring a possession claim for the full debt or mortgage arrears. In cases where the property is empty and there is no personal representative Ben also provides advice on taking the property into possession without a court order.