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Enforcement of Heritable Securities, The
Enforcement of Heritable Securities, The
2nd Edition
Practice Area:  Land & Property
ISBN:  9780414018976
Published by:  W. Green
Publication Date:  22 Jul 2016
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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The Mortgage Rights Scotland (Act) 2001 radically altered the law relating to property repossessions in Scotland, creating significant new rights for people in owner-occupied households.

In the 3rd edition of this key text, the author analyses the application of the Act in practice and considers in detail the various cases that have been decided since the Act came into force.

The text also covers the introduction of the new Single Survey and considers its impact on repossession sales in Scotland.

With the number of repossession cases soaring, this book is an essential purchase for all solicitors and related professionals who are advising home owners and lenders.

CONTENTS

1.     Introduction

2.     Types of Enforceable Judgments, Orders and Awards in the County Court and High Court

3.     Preliminary steps to consider before enforcing a money judgment

4.     Choosing the remedy

5.     CPR Part 70 – General provisions for the enforcement of civil court judgments

6.     CPR Part 71 – Orders to obtain information

7.     CPR Part 72 – Third Party Debt Orders

8.     CPR Part 73 – Charging Orders

9.     CPR Part 74 – Foreign Judgment Enforcement

10.   CPR – Schedule 2 – Attachment of Earnings

11.   Transferring judgments between the High Court and County Court and vice versa

12.   Stays of execution and insolvency. Insolvency: The Interaction with Enforcement.

13.   Individual insolvency

14.   Partnership insolvency

15.   Company insolvency

CONTRIBUTOR INFORMATION

Mark Higgins is a Partner with Irwin Mitchell.

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