Mortgages and Security: Land and Buildings
This part of the topic index contains resources on mortgages and security relating to real property. Please select the resource that you require by clicking on the relevant tab below.
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resources
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| 1 | Practical guidance from the House of Lords for banks and ... The House of Lords, in Royal Bank of Scotland v Etridge (No 2), gave practical guidance for dealing with taking a guarantee from a person, where the relationship between the guarantor and the principal debtor is non-commercial. This note sets out that guidance, explaining the roles and relationship of the bank, the solicitor, and the guarantor. | Practice notes | Maintained |
| 2 | Solicitors' Practice Rules 1990: Practice Rule 6(3) - Solicitor ... Rule 6(3) of the Solicitors' Practice Rules 1990 (SPR) provides that, as a general rule, a solicitor cannot act for both the lender and the borrower on the grant of a mortgage of land. Where the mortgage is a 'standard' mortgage, however, Rule 6(3) of the SPR allows joint representation, subject to there being no conflict of interest and to certain conditions being complied with. This practice note explains Rule 6(3) and provides links to the text of the rule and to a flowchart illustrating how the rule operates. The practice note also provides links to the CLLS Certificate of title and short form report on title, approved by the Law Society for the purposes of Rule 6(3) as amended with effect from 27 April, 2001. NOTE: The Solicitors' Code of Conduct 2007 repealed the SPR with effect from 1 July 2007 (see Practice note, Solicitors' Code of Conduct 2007). The Solicitors Regulation Authority (SRA) Handbook, which is fully in force from 6 October 2011, replaces the Solicitors' Code of Conduct 2007. PLC Property has published the following Practice notes on the SRA handbook: SRA Handbook 2011 and Code of Conduct. SRA Handbook 2011 and Code of Conduct: issues for property lawyers. | Practice notes | 30-Jun-2007 |