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England

Defending mortgage possession proceedings

Develop your understanding of the court’s powers to assist mortgage borrowers in arrears and learn how to defend mortgage possession proceedings.

Course summary

This course covers the practical and legal issues to consider when defending mortgage possession proceedings in court and the court’s powers to allow borrowers to remain in their homes.

You’ll learn the rules and processes governing mortgage possession proceedings and how to advise tenants whose landlords have defaulted on their mortgages.


Course information

Level: Intermediate and Advanced (Level 4)

Face to face training

  • Available for: Groups
  • Duration: One day
  • CPD points: 6

Group bookings

You can book this course for groups.

Contact us about group bookings

What this course covers

This course includes:

  • the courts' powers under the Administration of Justice Acts 1970 and 1973 and the Consumer Credit Act 1974

  • what the lender must do under the pre-action protocol and CPR 55

  • the FCA mortgage conduct of business rules

  • applications to suspend an eviction warrant

  • costs in mortgage possession cases

  • tenants of mortgage borrowers

  • the breathing space scheme

  • mortgage shortfall debts

You'll be sent pre-course reading two weeks before the course.

What you'll learn

At the end of this training, you'll be able to:

  • identify court powers relating to mortgage possession claims

  • recognise which mortgages are regulated by the Financial Conduct Authority (FCA)

  • understand relevant procedural rules governing mortgage possession proceedings

  • advise tenants whose landlords have defaulted on their mortgages

Who this training is for

You should already have some prior knowledge of mortgage possession proceedings for this course.

You might be a debt or housing adviser, solicitor or work for a local authority in housing or homelessness.

Continuing Professional Development

Gain points towards your professional development from the CPD Certification Service with Shelter training and events.

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