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Law Commission finalises Goods Mortgages Bill

The Law Commission has published its final report on the Goods Mortgages Bill. This marks the end of a project that started in 2014, aimed at addressing the problems the outdated Bills of Sale Acts cause for borrowers, purchasers and lenders engaging in logbook loans. The particular problems the new Bill seeks to address are:

The Law Commission’s final proposals for what it has decided to call “goods mortgages” apply to “individuals” (that is, consumers, sole traders or partners in unincorporated partnerships) where they grant a “charge” over “qualifying goods” (defined as things one can touch and move – so the regime will not apply to land or intangible property, and also excludes ships and aircraft). The law will apply to secure the performance of a “qualifying obligation” – so the regime can apply more widely than merely to secure loans, but certain obligations are excluded, such as an obligation to perform services, a guarantee (unless the guarantor is a HNW individual), and running-account credit (unless the borrower is a HNW individual or a business borrowing more than a certain amount – likely to be £25,000).

The Bill will contain opt-in provisions to allow borrowers who have repaid at least one third of a loan to require lenders to obtain a court order for possession, and also introduces the possibility for borrowers to have a new statutory right of voluntary termination.

The next step is for the Government to introduce the Bill through the Law Commission’s special procedure.

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