- Intermediate *5 hours CPD
This course provides a refresher of the basics of mortgage and security law covering mortgages and charges over registered and unregistered land, both legal and equitable and goes on to include a comprehensive briefing on the following points:
- Further Advances, deeds of additional security, tenancies before and after the mortgage and deeds of postponement
- Practice Issues: Acting for both parties & Rule 6 (3), standard mortgages, dealing with Guarantee situations and Etridge, acting for borrower and guarantor, Lenders' requirements, undertakings to discharge mortgages, floating charges, letters of non-crystallisation, deeds of release, etc, Companies House registration, Land Registration requirements, foreign borrowers & opinion letters
- Acting for lender - points to watch on acquisition or charging of development proposals: planning and section agreement points, services points, Title points, Plans, licences and collateral warranties, unpaid Vendor's liens and how to deal with them, taking security over building agreements
- Priorities: matters capable or taking priority, deeds of priorities and subordination, further advances and subsequent charges
- Additional security issues: deeds of additional security and consolidation
- Enforcement Issues: LPA and administrative receivers, administrators and floating charges, effect of the Enterprise Act, setting aside powers of insolvency practitioners in relation to transactions intended to defeat creditors or other transactions pre-insolvency, LR requirements on purchase from insolvent sellers or borrowers, powers and duties of LPA receivers and mortgages, liabilities of mortgagees pre and post insolvency events and recovery of possession.