Mortgage litigation and recoveries

Our team is capable of handling large volumes of work, with case allocation ensuring that we deliver a tailored service to each client. This approach also ensures that each customer is treated as an individual, all customers are treated fairly, and vulnerability is identified and handled appropriately.

We support on repossession conveyancing, so that when a property is taken into possession the title checking process is carried out promptly, and a sale progressed proactively.

We provide advice and support to fixed charge receivers from validating their appointment through to dealing with non-paying tenants or those who remain in the property beyond the end of their tenancy.

We act for banks, building societies, other secured lenders and third party services. Whatever the size of mortgage portfolio, we adapt our processes to deliver the best outcome for the lender and their customer.

Operating from our offices in Bristol, Manchester, Glasgow and Belfast, we have specialist expertise in each UK jurisdiction.

Experience

• Advised on a complex mortgage litigation case involving a dispute between two estates, the Chief Land Registrar and a major high street lender. We successfully defeated claims in the High Court and on appeal to the Court of Appeal to have the lender’s charge removed from a title on the basis of mistake following a finding of borrower fraud.
• Instructed to issue possession proceedings in relation to a portfolio with exposure of circa £2.5 million. There was a history of unrealistic refinance proposals and several complaints by the customer.
• In the Court of Appeal we acted for a lender client where the Disability Discrimination Act 1995 and the Equality Act 2010 had been raised as a defence to a mortgagee’s claim for possession.
• Instructed on a 18 property mortgage fraud. The bank became aware that transactions had been entered into by its customer posthumously following what appears to have been a detailed and complex mortgage fraud.
• Advising on the recovery of possession of a portfolio of properties. Instead of following the normal court procedure, we entered into an agreement with insolvency practitioners and asset managers to sequestrate the borrower, and recover rents, prior to disposal of the asset to recoup funds for the client.