C1 Part IV Family Homes and Domestic Violence

Annotations:
Modifications etc. (not altering text)

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

b

in the case of registered land, a subsisting registration of—

i

a notice under section 31(10);

ii

a notice under section 2(8) of the M1Matrimonial Homes Act 1983; or

iii

a notice or caution under section 2(7) of the M2Matrimonial Homes Act 1967.

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.