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This area covers disputes arising from mortgages, such as challenges to possession, enforcement of mortgage terms, mis-sell or mis-selling concerns, fees, and issues over redemption or the appointment of receivers. A solicitor in this field represents the lender or the borrower in court or tribunal proceedings, drafts and reviews mortgage-related documents, prepares notices, responses and counterclaims, and coordinates with lenders, valuers, and process servers to progress or defend a claim for possession, repayment, or amendment of the mortgage. It may also involve negotiating settlements or variations to the loan.
The solicitor handles the technical provisions of the mortgage deed, such as registration, title checks, and priority, as well as the procedural steps in court for possession or variation. They manage evidence from lenders, borrowers, and surveyors, prepare affidavits, and liaise with enforcement agents, valuers, and courts. The work often turns on the accuracy of title and the timing of steps in the litigation or dispute process, including any applications for stay or relief from sanctions.
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