The second edition of this authoritative title extends the cohesive theory of mortgage receivership developed in the first edition through reference to recent cases, whilst maintaining its focus on providing practical guidance to the relevant law and procedure. Thoroughly updated, with references to over 40 new cases, the book deals with a number of issues which have arisen since 2018:
- considering in detail the difficult issue of the effect of the receivership on the borrower’s powers and the borrower’s ability to exercise those powers, in the context of Ghai v Maymask [2020] UKUT 293.
- updating the possession chapter by reference to Menon v Pask [2019] EWHC 2611 (Ch) and discussing to what extent the reasoning in that decision can be extended.
- new section on statutory bars to receivership including an overview of the effect of sanctions.
- revised chapter on regulation by reference to a number of cases decided since the last edition.
- updated to discuss new property statutes and their relevance to receivership in relation to ground rents under residential leases, registration of overseas entities, and the Building Safety Act 2022
Mortgage Receivership: Law and Practice also provides practical advice about what receivers should do in particular situations and how litigation involving receivers should be conducted. It is essential reading for lawyers advising receivers, or who are involved in litigation for or against receivers, and for receivers themselves.