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Rectification of mortgage deeds and other agreements masterclass

Date:

26 September 2017

Time: 10:00am – 1:00pm
Venue: Pinners Hall, London
Price: £55 (VAT exempt) members members
£99 (VAT exempt) associates
£129 (VAT exempt) non-members
Rectification of mortgage deeds and other agreements masterclass

About this event

Mistakes happen – even in standard form legal charges.The mistake might be in the description of the property, for example where flats have been mis-numbered, or it might be because the wrong person has signed the legal charge.  This masterclass will explain when and how such mistakes can be corrected.

This event is aimed at:

Solicitors, receivers, conveyancers and anyone working in a lender in-house legal team or legal services.

Feedback from 2016 legal masterclass attendees:

"Very good"

"Informative and useful to go through the worked examples"

"Very useful presentation and use of examples"

"Very useful content"

Fees:

UK Finance member rate: £55 (VAT exempt) UK Finance associate rate: £99 (VAT exempt)  Non-member rate: £129 (VAT exempt)


*This event is closed to press*

Programme

0930 - 1000

 

Registration and refreshments

1000 - 1015

 

Welcome and introduction
Stephanie Tozer, Barrister, Falcon Chambers 

  • The distinction between a Court order for rectification and a deed of rectification/variation
  • The distinction between rectification of title documents and rectification of the title register.   

1015 - 1100

 

Rectification of documents
Kester Lees, Barrister, Falcon Chambers

  • Species of rectification claim
  • Requirements for common mistake rectification
  • Potential defences, including the position of a bona fide purchaser for value
  • Forum: Court or Tribunal?
1100 – 1115  

Refreshments

1115 - 1145  

The Land Registry
Stephanie Tozer, Barrister, Falcon Chambers

  • Requirements for rectification/alteration of the register
  • Alteration of the register when a title document is rectified  
  • Alteration as a way of “rectifying” mistakes which cannot be solved by rectification of the title documents
  • Indemnity payments
1145 - 1230  

Questions and Scenarios 
Kester Lees and Stephanie Tozer, Falcon Chambers will consider a number of different factual situations and consider the extent to which rectification (of either kind) will assist. The scenarios will consider both owner-occupied and buy-to-let properties, and the particular problem which arises where the description of the property in the legal charge is incorrect.    

1230 – 1300  

Lunch

Kester Lees

Barrister, Falcon Chambers

Kester Lees practices in all aspects of commercial, residential and agricultural real property law including mortgages, receiverships, trusts and property insolvency, as well as other property issues including restrictive covenants, easements, adverse possession, land registration boundary disputes and property related professional negligence. Kester’s practice also encompasses all aspects of landlord and tenant law, including a wide variety of disputes arising under the 1954 Act, the Rent Acts, the Housing Acts and enfranchisement legislation.

Kester regularly appears in the High Court, Upper Tribunal (Land Chamber), First Tier Tribunal (Property Chamber), the Leasehold Valuation Tribunal and County Courts across the country. Recent disputes include mortgage possession, rectification of the Register and mortgage fraud. 

Kester appeared in the Supreme Court in M&S v BNP [2015] UKSC 72 (led by Guy Fetherstonhaugh QC) which is the leading case on implied terms, break clauses and the apportionment of rent and more recently was the landlord's retained junior in the Canary Wharf v Lehman litigation concerning a £500m+ claim for repudiatory breach of a lease. 

Stephanie Tozer

Barrister, Falcon Chambers

Stephanie Tozer was called to the Bar 20 years ago, and has specialised in all aspects of property law (including, in particular, mortgage-related disputes) since then.  She appeared in the House of Lords in West Bromwich v Wilkinson, which settled the controversy over the limitation period for shortfall claims. She has appeared in substantial mortgage fraud trials, in both the County Court and the High Court. Other examples of her Court work include Bower Terrace Student Accommodation v Space Student Living, where receivers obtained interim injunctions against a third party in possession of the security under a management agreement.   

She is rated in the top tier for property litigation in all the leading directories.   

She has a particular interest in land registration and priority disputes. She is a part time judge of the First-Tier Tribunal (Property Chamber)(Land Registration), which requires her to determine mortgage related disputes.  Often the applicant claims that a document (usually a transfer) has been forged so the register should be rectified so as to remove a legal charge, but she has also determined a case where the applicant sought to set aside a legal charge for duress. 

Content developed by

Falcon Chambers

Much mortgage litigation is either about enforcing the security or resolving some issue as to whether the security is effective. Members of Falcon Chambers are all experts in property litigation, so are well placed to assist with mortgage litigation. Members of chambers regularly undertake work on behalf of mortgagees, mortgagors and receivers, ranging from mortgage possession hearings in the County Court to appeals raising complicated issues of principle at the highest levels. Recent high profile cases include McDonald v McDonald, CA and SC: a receiver can serve a s 21 notice on the borrower’s tenant. Members have also conducted substantial trials in mortgage fraud cases, dealt with cases raising issues of undue influence/duress, and regularly consider questions of subrogation/alternative remedies where the security is defective and priority questions arise. They also have expertise in Consumer Credit Act issues.

Falcon Chambers are a set of 10 QCs and 30 “junior” barristers, based near the Temple in London. Their members write the leading text: Fisher & Lightwood’s Law of Mortgage. Many members sit as part time judges. Their former members include Lord Neuberger (President of the Supreme Court).   

Pinners Hall

105-108 Broad Street
London
EC2N 1EX

Nearest tube stations: (Approx. 5 minutes walk)

Liverpool Street (Central line, Circle, Hammersmith & City and Metropolitan, London Overground and TfL Rail)

Bank (Central, DLR, Northern, Waterloo & City line)

Moorgate (Northern line)

Nearest overground:

Liverpool Street, Moorgate

A detailed map on how to get to Pinners Hall can be found below. The conference and meeting rooms are situated on the lower ground and 3rd floors of the building.

 

Contact us

Jenna Yeap

Telephone: 020 7706 3333

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