This course provides a detailed understanding of the courts' powers to assist mortgage borrowers who are in arrears. The focus is on practical and legal issues that arise in defending mortgage possession proceedings in the county court. It will also increase awareness of the powers the court has to allow borrowers to remain in their homes.

Course contains

• The Courts' powers under Administration of Justice Acts 1970 and 1973 and Consumer Credit Act 1974
• All monies charges
• Unenforceable agreements under the Consumer Credit Act 1974
• Civil Procedure Rules (CPR) Part 55 as applicable to mortgage possession proceedings
• Pre-action protocol for mortgage possession claims
• Other good practice guidance to lenders including the Mortgage Conduct of Business (MCoB) rules and Council of Mortgage Lenders’ guidance
  
• Setting aside possession orders
• Warrant suspension applications
• Setting aside warrants once executed
• Costs
• Mortgage shortfalls
• Tenants of mortgage borrowers.

Learning outcomes

After this course, you will be able to:

• Identify the Court’s powers in relation to mortgage possession claims
• Diagnose whether borrowing is covered by the Consumer Credit Act 1974 as amended
• Identify borrowing regulated by the Financial Services Authority (FSA) and understand the implications
• Identify detailed procedural rules governing mortgage possession proceedings under the CPR
• Advise tenants whose landlords have defaulted on their mortgages.

Suitable for

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

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

Enquiry line

Please call 0344 515 1155 or email training@shelter.org.uk

In-house training

We can also run this course in-house. Find out more about in-house training