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Natalie Brown

| Call 2009

Profile: Banking and Financial Services

Experience and Expertise 

Natalie has advised a number of high street banks, as well as building societies, investment funds and niche finance providers in relation to their regulatory obligations under the FSMA, the FCA Handbook and the Consumer Credit Act 1986 (her work in the consumer credit field is principally covered under [Consumer Credit]).

In terms of litigation, in addition to a number of claims alleging breach of regulatory requirements, she regularly acts for banks and other lenders (as well as borrowers) in connection with complex mortgage repossession claims including those involving allegations of misselling, breach of statutory and common law duties, priority of third party rights and subrogation.She has provided advice on regulatory treatment of a novel investment fund, and has familiarity with the FinProm rules.

In February 2015 Natalie completed a 4 month secondment at the FCA. There she was part of the drafting team tasked with transposing elements of the Mortgage Credit Directive into national law. She was involved both in drafting of the subordinate legislation (the MCD Order 2015) and Handbook provisions implementing the Directive. Her principal focus was the establishment of the new “Consumer buy-to-let” regime, however she was also involved in drafting and advisory work implementing the MCD more generally and did work covering a wide range of handbook units including PERG, COBS, MCOB, CONC, DISP and SUP. As a result she has an excellent knowledge of the structure of the Handbook, and can confidently advise on a wide range of regulatory issues.

Natalie can advise on the drafting of documentation relating to financial services products and has particular experience of drafting consumer documentation meeting regulatory requirements and in plain intelligible language.

Cases and Work of Note

Advising mortgage lender throughout project on process and documentation to implement MCD driven regulatory changes
Advising a start-up investment fund seeking to provide an offering taking advantage of Social Investment Tax Relief on its regulatory status and investor agreement
Advising a Social Housing provider on the impact of financial services regulation on its activities
Advising in relation to proposed inter-bank litigation concerning the effectiveness of a purported assignment of rents in a buy-to-let mortgage contract
Acting for a bank seeking to enforce a multi million pound charge against an investment portfolio involving allegations of sham trusts, fraudulently dated documentation and claims to rectification.
Advising on subrogation rights in relation to a mortgage
Obtaining an order setting aside a high interest bridging loan entered into by an unauthorised lender
Four day trial alleging breach of common law duty to obtain best price by mortgagee and surrender of security.
Advising a bank following discovery of a fraud in relation to a claim against HMLR after rectification of the register

Memberships:

Natalie is a member of the Financial Services Lawyers Association.

SeminarsNatalie is happy to provide seminars on a range of regulatory topics particularly those affecting secured lenders, including the Mortgage Credit Directive and the consumer buy-to-let regime. She is also happy to speak on traditional lender issues such as duties to obtain best price, priority of interests and undue influence, remedies for fraud

Natalie Brown
''Natalie’s advice was the perfect blend of legal, regulatory and commercial view and gave us exactly what we need to make the necessary decisions''

Financial Services Lay Client