C1 Part IV Family Homes and Domestic Violence
Dwelling-house subject to mortgage
56 Actions by mortgagees: service of notice on certain persons.
1
This section applies if a mortgagee of land which consists, or substantially consists, of a dwelling-house brings an action for the enforcement of his security, and at the relevant time there is—
a
in the case of unregistered land, a land charge of Class F registered against the person who is the estate owner at the relevant time or any person who, where the estate owner is a trustee, preceded him as trustee during the subsistence of the mortgage; or
2
If the person on whose behalf—
a
the land charge is registered, or
b
the notice or caution is entered,
is not a party to the action, the mortgagee must serve notice of the action on him.
3
If—
a
an official search has been made on behalf of the mortgagee which would disclose any land charge of Class F, notice or caution within subsection (1)(a) or (b),
b
a certificate of the result of the search has been issued, and
c
the action is commenced within the priority period,
the relevant time is the date of the certificate.
4
In any other case the relevant time is the time when the action is commenced.
5
The priority period is, for both registered and unregistered land, the period for which, in accordance with section 11(5) and (6) of the M3Land Charges Act 1972, a certificate on an official search operates in favour of a purchaser.
Pt. 4 modified (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 25(2); S.I. 2005/3175, art. 2(1), Sch. 1