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Mortgages and solicitors

A mortgage is one of the oldest types of security for a loan recognised by English law. The exact transaction in a mortgage is often misunderstood as a result of the common use of the word to mean ‘a loan to by a house’.

A mortgage is actually security over a loan which the borrower gives to the lender (often a bank or building society). This security is documented in a legally binding contract.

A mortgage can therefore be for any asset which the borrower owns and which can be transferred to the bank in case the borrower defaults on the loan, but in the vast majority of cases it is real estate.

Who holds the upper hand in disputes?

Traditionally the courts have made it known that in legal disputes regarding the bank’s right to possession the banks will almost always be able to enforce the mortgage. Solicitors trying to defend the borrower are only successful in rare occasions.

This, some legal scholars might argue, was a deliberate policy decision by the courts in order to assure the banks that if the loan is not repaid there was little to stop them from selling the property and recovering their losses.

This policy would allow the bank to lend with confidence and through that the economy can function.

However, in recent times there has been a change in the emphasis of mortgage laws, ensuring that individuals are not taken advantage of because of their weak bargaining position.

If you are thinking of taking on a mortgage, solicitors who specialise in property and conveyancing can help. For such solicitors mortgage-related conflicts are common, and they will therefore be able to help you avoid signing up for a deal that is not fair or not right for you.

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