How is the fit? The regulation of mortgages as enduring property relationships
How is the fit? The regulation of mortgages as enduring property relationships
The English law of mortgages has long been described as a work of fiction. The legal charge by way of mortgage only meets the demands of modern lending through a layering of consensual, legislative, regulatory and other sources to produce a working credit relationship. In seeking to understand the mortgage as an enduring property relationship, the purpose of this chapter is to consider the fit between the key strands of this complex web. It will argue that the dynamics of the enduring mortgage relationship are compromised by the lack of a logical fit between consensual and regulatory norms, which consequently highlights key regulatory challenges.
Mortgages , Property Relations, Regulation
241-259
Nield, Sarah
fbdbe980-98c3-499d-9e9a-b4e9e65c7ddb
2019
Nield, Sarah
fbdbe980-98c3-499d-9e9a-b4e9e65c7ddb
Nield, Sarah
(2019)
How is the fit? The regulation of mortgages as enduring property relationships.
In,
McFarlane, Ben and Agnew, Sinead
(eds.)
Modern Studies in Property Law.
(Modern Studies in Property Law, 10)
Oxford.
Hart, .
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Book Section
Abstract
The English law of mortgages has long been described as a work of fiction. The legal charge by way of mortgage only meets the demands of modern lending through a layering of consensual, legislative, regulatory and other sources to produce a working credit relationship. In seeking to understand the mortgage as an enduring property relationship, the purpose of this chapter is to consider the fit between the key strands of this complex web. It will argue that the dynamics of the enduring mortgage relationship are compromised by the lack of a logical fit between consensual and regulatory norms, which consequently highlights key regulatory challenges.
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Accepted/In Press date: 3 August 2018
e-pub ahead of print date: 30 May 2019
Published date: 2019
Keywords:
Mortgages , Property Relations, Regulation
Identifiers
Local EPrints ID: 424556
URI: http://eprints.soton.ac.uk/id/eprint/424556
PURE UUID: d87d84e3-1764-4b08-8ed9-f200609474bf
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Date deposited: 05 Oct 2018 11:38
Last modified: 16 Mar 2024 02:44
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Contributors
Editor:
Ben McFarlane
Editor:
Sinead Agnew
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