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Mortgages

Members of Chambers act in possession claims, challenges to standard form mortgage terms and conditions. We also act in cases relating to forged and fraudulent mortgages and in cases where defences of misrepresentation or undue influence are raised, including by third parties (Royal Bank of Scotland v Etridge-type cases). Our members also have wide experience of cases involving non est factum defences, rights of subrogation, equitable mortgages and charges, charging orders, enforcement of charges, breach of warranty of authority and breach of fiduciary duty.

Radcliffe Chambers can offer a depth of experience in drafting and advising on mortgages and related documents, whether as standard terms or as bespoke documents for specific circumstances. Our members are able to provide the careful attention needed in this area to legislation on unfair terms and unfair practices and (as respects residential mortgages) to regulatory requirements.