PART XIV LOANS FOR ACQUISITION OR IMPROVEMENT OF HOUSING
Local authority assistance in connection with mortgages
442C1Agreement by local authority to indemnify mortgagee.
1
F1A local authority may enter into an agreement with a person or body making an advance on the security of a house (or a building to be converted into a house) whereby, in the event of default by the mortgagor, and in the circumstances and subject to conditions specified in the agreement, the authority binds itself to indemnify the F2mortgagee in respect of the whole or part of the mortgagor’s outstanding indebtedness and any loss or expense falling on the F2mortgagee in consequence of the mortgagor’s default.
F31A
The local authority may only enter into the agreement if the advance is for one or more of the purposes specified in subsection (1) F4or (1A) of section 435; and subsections (2) to (4) of that section apply in relation to power to enter into such an agreement as they apply to the power to make an advance under that section.
2
The agreement may also, if the mortgagor is made party to it, enable or require the authority in specified circumstances to take a transfer of the mortgage and assume rights and liabilities under it, the F5mortgagee being then discharged in respect of them.
3
The transfer may be made to take effect—
a
on terms provided for by the agreement (including terms involving the substitution of a new mortgage agreement or modification of the existing one), and
b
so that the authority is treated as acquiring (for and in relation to the purposes of the mortgage) the benefit and burden of all preceding acts, omissions and events.
F64
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F65
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