The last few years have seen an upsurge in mortgage portfolio transactions, which we are expecting to continue, as well as a general focus on building portfolios with the introduction of various new funding structures.

There have also been substantial legal, regulatory and policy changes impacting the mortgage market in recent years.

This means that there is lots for buyers to think about when carrying out due diligence on mortgage portfolios as part of a potential acquisition.

This workshop will explore the hot topics that buyers of mortgage portfolios should consider as part of their due diligence. This workshop will also consider what sellers can do to prepare in relation to buyer due diligence questions around these areas.

The hot topics to be covered will include, amongst others:

  • Regulatory matters
  • Cladding and fire safety
  • Ground rents
  • Land Registry
  • Litigation transfers
  • Litigation trends

Learning outcomes

  • Understand why certain areas have become hot topics that should be carefully considered in due diligence as part of mortgage portfolio acquisitions.
  • Learn about the questions that buyers should ask in relation to these hot topics and what other steps buyers can take as part of their due diligence and to protect against risk associated with these areas.
  • Learn what practical steps sellers can take in order to be better prepared for the types of questions that buyers might ask in relation to these hot topics.
  • Learn about other areas that may become hot topics for due diligence in the future.
Tom Ward

Tom Ward

Partner, TLT

Tom has significant experience in acting for clearing banks, lenders, loan acquirers, loan servicers, private equity funds and insolvency practitioner...

Tom has significant experience in acting for clearing banks, lenders, loan acquirers, loan servicers, private equity funds and insolvency practitioners. Tom has a particular focus on loan portfolio sales and acquisitions, corporate restructuring and the non-contentious side of corporate insolvency. 

Tom has worked on a number of high-profile and complex assignments, including the UK’s largest ever acquisition of shared equity mortgages and the disposal of large portfolios of regulated mortgages and unsecured consumer debt.  Tom advises insolvency practitioners on their appointment, trading issues, business and asset disposals and also acts for secured lenders on security enhancement and enforcement strategy.  Tom also regularly works with boards of directors, advising on their rights and duties at times of financial distress.

Tom has previously undertaken a 12 month secondment with The Royal Bank of Scotland Plc.

 

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Nick Curling

Nick Curling

Legal Director, TLT LLP

Nick specialises in acting for financial institutions in a wide variety of banking litigation matters including high value recovery actions and in def...

Nick specialises in acting for financial institutions in a wide variety of banking litigation matters including high value recovery actions and in defending claims brought by customers and third parties. He has spent 18 months on secondment within the restructuring and recoveries division of a major UK bank gaining an invaluable insight into the commercial and regulatory pressures faced on a daily basis.

Nick has extensive expertise in professional negligence claims for lenders, in particular involving claims against property valuers, solicitors and project monitoring surveyors. He has also acted for claimants against accountants, auditors and investment tax advisors.

His experience in fraud matters includes defending various banks in relation to claims alleging breach of duty to spot or prevent frauds perpetrated on business customers, and acting for lenders in relation to mortgage and commercial loan frauds.

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Abigail Hadfield

Abigail Hadfield

Partner, TLT

Abigail is expert in both contentious and non-contentious corporate recovery and insolvency and has worked on a number of high-profile and complex ass...

Abigail is expert in both contentious and non-contentious corporate recovery and insolvency and has worked on a number of high-profile and complex assignments.

Her experience includes advising insolvency practitioners on their appointments on trading issues and on the disposal of businesses, real estate and assets. She advises secured lenders on security enhancement and enforcement strategy.

She also advises boards of directors and shareholders on their rights and duties in situations of financial distress.

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Sam McCollum

Sam McCollum

Partner, TLT

Sam specialises in financial services litigation. He has particular expertise in acting for lenders in professional negligence and fraud claims arisin...

Sam specialises in financial services litigation. He has particular expertise in acting for lenders in professional negligence and fraud claims arising out of commercial and residential property transactions. He regularly acts on high-value claims against a range of professionals, including solicitors and surveyors.

Sam is focussed on achieving good commercial outcomes for his clients whether via mediation, or other forms of ADR. Sam also has experience in taking professional negligence claims to trial and in defending professional negligence claims.

 

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Philip Collis

Philip Collis

Partner, TLT

Philip specialises in commercial property work relating to secured lending recoveries.  He deals with all aspects of insolvency transactions incl...

Philip specialises in commercial property work relating to secured lending recoveries. 
He deals with all aspects of insolvency transactions including fixed charge receivers and administrations, often involving large portfolios. He also has extensive experience in secured lending, commercial landlord and tenant work, advising on acquisitions and disposals and project related work.

He has previously spent a year on secondment with a major retailer and consequently gained a valuable insight into the workings and requirements of a large scale estate as well as managing a number of major property driven projects.

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Richard Clark

Richard Clark

Legal Director, TLT

Richard has over 18 years' experience in banking, restructurings and insolvency. As well as his corporate banking work, Richard has been involved in l...

Richard has over 18 years' experience in banking, restructurings and insolvency. As well as his corporate banking work, Richard has been involved in loan portfolio sales, debt capital markets work (including securitisations), real estate finance, project finance/Clean Energy, consumer finance (including consumer credit and regulated mortgages) and asset finance (including shipping, aviation and plant and machinery).

Richard has a unique understanding of client aims and drivers, having previously been seconded to a Financial Services Restructuring Legal team.

He is a national council member of R3, the Association of Business Recovery Professionals, is ranked nationally for his banking and insolvency expertise and is named as a 'notable practitioner' in Legal 500 and an 'Associate to watch' in Chambers UK 2020.

 

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Both legal and operational teams at mortgage lenders or potential new market entrants, particularly those lenders who sell or acquire mortgage portfolios or who may look to do so in the future. The workshop will also be of interest to servicers of mortgage portfolios.