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Procedural legal advice needed ref. possessions


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Friends need advice on procedure:

 

1: Situation: Possession Order in place, warrant not yet demanded because property in negative equity, but lenders really vicious and may go for it anyway.

 

Son has come of age in last few months, so didn't sign away his interest in the property when loan was made. He wants to register an "over-riding interest" to stop possession of HIS home. I know it can be done using case of Williams & Glynn Bank v Boland, but how? Land Registry doesn't want to register anything but a financial interest, but such an interest as this doesn't have to be registered with LR. So how does he get it into the case? Could wait until a warrant is sought, but would prefer to get in front of that.

 

Any ideas?

 

2: Property was taken into possession, held onto for 18 months and then sold about £100,000 below below reasonable valuation - almost certainly a false sale but that is difficult to prove. How do mortgagors start a claim to have the missing 100 grand deducted from the claimed outstanding loan?

 

3. Landlords have a very large debt registered against them. They own a number of BTL properties but every one of them is in negative equity - some by up to twenty thousand - and they have no other assets. The creditors are trying to use the investigation of means procedure at court to get details of all the tenancy agreements. What puzzles the landlords is what the creditors are hoping to do with this info.

 

a) Can they take possession and sell? even though it would be pretty silly of them.

 

b) Can they take possession and evict a tenant with a long Assured Shorthold Tenancy?

 

c) Can they take possession and continue taking rents from tenants?

 

d) What sort of possession would that be?

 

e) Would the first lenders allow that?

 

f) Would they not rather insist on their mortgages being paid off? Especially as present rates are low and the major lender lender wants to close books anyway?

 

g) Surely new possessor could not pay existing mortgages without mortgagors' agreement?

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