Whose mortgage is it anyway? Producers, consumers and the law in the UK mortgage market

McAuslan, Patrick (2009) Whose mortgage is it anyway? Producers, consumers and the law in the UK mortgage market. In: W G Hart Legal Workshop 2009: Law Reform and Financial Markets: Institutions and Governance, 23rd - 25th June 2009, Institute of Advanced Legal Studies, London. (Unpublished)
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This paper surveys of the public law of mortgages: Financial Services Authority (FSA) and Consumer Credit Act; the financial and economic context of mortgages with particular reference to securitisation of mortgages and the Crosby and Miles Reports on mortgages commissioned by the Treasury in 2004 and 2008. It then provides a more detailed discussion of the problems in the current law and regulatory framework of mortgages with particular reference to defaults and repossessions and makes suggestions for changes in law and practice including new forms of mortgages and new regulatory provisions.


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