Defending Mortgage Possession Proceedings

This course provides a practical understanding of court’s powers to assist mortgage borrowers in arrears. It looks at practical and legal issues that arise in defending mortgage possession proceedings in court and the court’s powers to allow borrowers to remain in their homes.

PLEASE BOOK EARLY: We confirm/cancel courses three weeks in advance. Book your place early to give us an accurate idea of delegate numbers and to avoid disappointment.

Group training (5-18 staff): Commercial rate £955; Standard / Concessionary £890 + plus trainer’s expenses + VAT

‘Really de-mystified what appeared to be a very complex area of law. Now I will be prepared to represent borrowers.’

Solicitor, Kingston & Richmond Law Centre

‘Absolutely hit the spot as the training that I needed on this subject.’

Courtdesk Advisor, Citizens Advice Woking

Course contains

  • The courts' powers under the Administration of Justice Acts 1970 and 1973 and the Consumer Credit Act 1974
  • What the lender has to do under the Civil Procedure Rules (CPR) Part 55
  • Pre-action protocol for mortgage possession claims - new from April 2015
  • The mortgage conduct of business (MCoB) rules
  • Warrant suspension applications
  • Costs
  • Mortgage shortfalls
  • Tenants of mortgage borrowers.

Learning outcomes

After this course, you will be able to:

  • Identify court powers relating to mortgage possession claims
  • Identify borrowing regulated by the Financial Conduct Authority (FCA) and understand the implications
  • Understand relevant procedural rules governing mortgage possession proceedings
  • Advise tenants whose landlords have defaulted on their mortgages.

Suitable for

Housing advisers, solicitors, debt/money advice workers, homelessness prevention officers, homelessness officers.

Note: Pre-course reading will be sent to delegates two weeks before the course.

Meet the trainer

Tony Martin

Tony Martin is a solicitor specialising in landlord and tenant and housing law. Alongside his work as a trainer, Tony supervises a student led legal advice clinic and teaches law at BPP University. He qualified as a solicitor in 2001 in a private Legal Aid firm and then practised as a senior solicitor in a Law Centre. Tony has spent all his working life in housing, having worked in hostels, special needs housing and housing management in the voluntary sector and at a senior level in a homelessness service and in housing policy for a London local authority, prior to qualifying as a solicitor. He is a Fellow of the Higher Education Academy. Tony has undertaken detailed homelessness and housing options case file reviews for local authorities and voluntary organisations, as well as undertaken staff performance interviews, workshadowing and written summary reports for Shelter Consultancy since 2013.

CPD hours 5