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BANK COMMITTEE: April 15th 1940
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HOUSE PURCHASE ARREARS
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The Town Clerk submitted the following reports as to proceedings taken in the following arrears cases:
16, Kingsdown Road, Northfield
15,
Beeches Drive, Erdington
30, All Saints Road, King's Heath
April 11th 1940
re: 16, Kingsdown Road, Northfield.
Mr & Mrs Long.
It
may no doubt be recollected [*a] that these Borrowers vacated the above premises on the 31st May last and handed over the keys. The
property was put up for sale by auction in July last but without result, since when I understand it has been vacant.
It has now
been ascertained that Mr Long still resides in Cumberland and Mrs Long in Birmingham and it has been suggested that legal proceedings
against them for the purpose of obtaining the moneys due under the Mortgage deed (which, exclusive of the cost of the previous proceedings
for possession but including repairs and decorations and ground rent, amount to £577. 8. 6d.) should be commenced.
I am informed
that your Department's Agent has so far been unable to obtain any offers for the property but negotiations are now taking place with
a view to a tenant being obtained at an inclusive weekly rental of £1. 7. 6d.
Nothwithstanding that the Corporation have entered
into possession of the property, as they have not taken any steps to extinguish the Borrowers' equity of redemption, the Municipal
Bank still retains their right to sue on the covenant. The general principle applicable is that the Mortgagees are not precluded from
suing for the moneys due while they are in a position to reconvey the property to the Borrowers. The Bank will, of course, have to
redeliver the property to Mr and Mrs Long should the moneys due under the Mortgage deed be paid and, as the Corporation are mortgagees
in possession, they will of course be accountable to the Borrowers (and any second mortgagees) for any rents or profits which ought
to have been received.
When Judgment has been obtained, it will still be necessary to obtain leave under the Courts (Emergency
Powers) Act, 1939, to enforce the Judgment. Consequently, if the Court of the opinion that the Borrowers are unable to perform their
obligations by reason of circumstances directly or indirectly attributable to the war, it will, no doubt, impose terms. However, in
this case, it might be argued that, as they had defaulted and were unable to discharge their obligations for some months before
the war, their inability to pay the mortgage moneys was not due to circumstances arising out of the war, although their financial
position may probably be worse now than it was previously.
I shall be glad to have instructions to commence the contemplated
proceedings for recovery of the whole of the moneys due under the Mortgage deed.
F H C Wiltshire,
Town Clerk.
April
12th 1940
Minute No 6566
15, Beeches Drive, Erdington.
Tovey.
By the above Resolution [*a], I was instructed to institute
proceedings for the recovery of arrears or to obtain possession of this property, if necessary.
It appears that the arrears now
amount to £28. 12. 1d. and, after the house had been in the hands of a "property specialist" on behalf of the Borrower, instructions
were given to Mr Frank Wilde to obtain a tenant and remit the rent direct to the Bank. A tenant could only be found on a quarterly
basis and, as decorations were required, it was considered by your House Purchase Sub-Committee that the property should be
sold by the Bank as Mortgagees.
Accordingly, I should be glad to have your instructions to commence Chancery proceedings for
the recovery of the whole of the moneys due under the Mortgage deed and/or to obtain possession of the property and to sell the same
by public auction.
It should be appreciated that the Court may impose term and give the Borrower an opportunity to pay the overdue instalments or grant some other relief to him; also, that if an Order for possession is made and the property is not then sold, the Bank would become Mortgagees in possession with all the consequent responsibilities, namely, they will be held strictly accountable for all rents and profits which ought to have been received, that is to say, the Bank, as Mortgagees in possession, are chargeable on the ground that they have chosen to change their character.
F H C Wiltshire.
Town Clerk.
April 12th 1940
Minute No 6512
30,
All Saints Road, Kings Heath.
Philip Robertson.
In accordance with the above resolution [*b], as the second Mortgagees would not
take a transfer of the Bank's Mortgage, Chancery proceedings were taken against this Borrower to obtain possession of the above property.
The
Defendant failed to enter an appearance within the prescribed time but, subsequently, appeared before the District Registrar, on my
Application for leave to enter Judgment, and then claimed relief. However, as he had no substantial offer to make and, owing to his
continual default, an Order was made for possession within twenty eight days of service of the Order.
At the hearing, an Application
was also made for leave under the Courts (Emergency Powers) Act, 1939, as amended by the Possession of Mortgaged Land (Emergency Provisions)
Act, 1939, to enforce the Judgment and, after the Borrower had pleaded poverty but admitted that he was unable to discharge his obligations
before the war, an Order was made giving the Bank liberty to proceed.
As the Borrower did not voluntarily deliver up possession
of the property at the expiration of the time granted to him, upon the instructions of the House Purchase Sub-Committee, I applied
for and obtained leave to issue a Writ of Possession which has now been handed to the Officer for the Sheriff of Warwickshire to execute.
F
H C Wiltshire.
Town Clerk.
6766 RESOLVED:- That in regard to No 16, Kingsdown Road, Northfield, in which case the Corporation have entered into possession
of the property nut have not taken steps to extinguish the Borrower's "Equity of Redemption", the Town Clerk be instructed to take
any necessary proceedings for recovery of the whole of the moneys due under the mortgage deed.
On consideration of the report
relating to No 16 Beeches Drive, Erdington, Councillor Martineau intimated that he was acting for one of the parties and took no part
in the discussion.
6767 RESOLVED:- That in the case of No 16 Beeches Drive, Erdington, the Town Clerk be instructed
to commence Chancery proceedings for the whole of the monies due under the mortgage deed and/or to obtain possession of the property
and sell the same by public auction, in which event the Town Clerk be authorised to prepare any necessary documents, affixing the
Corporate Seal thereto.
6768 RESOLVED:- That with regard to property No 30, All Saints Road, King's Heath, the action
of the Town Clerk in taking steps to enforce the Judgement obtained in this case and to execute the Writ of Possession, be approved
and confirmed.
*a At the Bank Committee meeting of July 17th 1939, the Town Clerk was instructed to institute proceedings for recovery
of arrears or to obtain possession of the property if necessary, in the case of the Mortgagor of a Non-Corporation House (15 Beeches
Drive, Erdington), Bertie Egerton Tovey, where the amount of arrears was £11. 16. 3d. Also at that meeting, it was resolved that the
arrangements made for the sale of property No 16 Kingsdown Road, Northfield, (the Chairman and General Manager to fix suitable
reserve) be confirmed.
*b At the Bank Committee meeting of May 15th 1939, it was resolved that in regard to No 30, All Saints Road,
Kings Heath (in which case there was a second Mortgage and a Further Charge on the property) unless the second Mortgagees be prepared
to take over the Bank Mortgage, proceedings be taken for obtaining possession of the property, failing payment of the arrears.
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FINANCE & GENERAL PURPOSES SUB-COMMITTEE: July 2nd 1920
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HOUSE PURCHASE INSURANCE
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It was reported that Mr R G Thomas of Southam Road, Hall Green, who was granted an advance on the 1st February 1920, had refused to
pay the amount of Insurance premium due, thereby not complying with the conditions laid down in his Mortgage.
The Town Clerk
had been instructed by Members of this Sub-Committee authorised to deal with House Purchase advances to take any necessary legal steps
to enforce the performance of the covenants under the Mortgage Deed.
258 RESOLVED:- That the instruction to the Town Clerk above referred to be confirmed.
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FINANCE & GENERAL PURPOSES SUB-COMMITTEE: August 27th 1920
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PRODUCTION OF DEEDS
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An application was considered from Mr Lewis Arnold, for permission to produce at a hearing in the Courts certain Deeds (at present
in the hands of the Manager) to prove that he is the owner of a property in respect of which an advance has been granted by the Bank.
270 RESOLVED:- That the Manager be requested to arrange for a reponsible official of the Bank to attend the
Courts to prove that Mr Arnold is the owner of the property in question, and that his solicitors be asked to pay reasonable expenses
in the matter.
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FINANCE & GENERAL PURPOSES SUB-COMMITTEE: August 27th 1920
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WEOLEY HILL LIMITED
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The Manager reported that enquiries had been made by Weoley Hill Ltd, with regard to the amount the Bank Committee would be prepared
to advance on certain new houses. It was understood that the cost of the houses in question was £1260 per house, less the Government
subsidy of £260.
272 RESOLVED:- That this Sub-Committee are of opinion that applicants for advances on newly-erected houses
should be prepared to pay a larger proportion of the purchase price than heretofore, and that the period of repayments for such advances
should be curtailed; and they hereby request the Chairman of the General Committee to report his recommendations to that Committee
on the application of these principles.
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BANK COMMITTEE: March 21st 1949
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10 HOUSES Nos 40/58 EDGEMOND AVENUE, PYPE HAYES
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Purchase Price |
£4,425. -. -. |
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Valuation |
£4,250. -. -. |
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Advance |
£3,400. -. -. |
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Amount outstanding |
£2,022.
14. 5. |
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The Mortgagor, Mr Fred Nixon, has sold No. 56 Edgemond Avenue to Mr Norman Joseph Leyland for the sum of £650.
The
Birmingham Municipal Bank have agreed to grant an advance of £500 to Mr Leyland, subject to the release of No. 56 Edgemond Avenue
from the composite mortgage and to the payment by the Mortgagor of the sum of £400 in reduction of the composite mortgage, also payment
of the Town Clerk's charges.
Confirmation is desired of the action of the General Manager in agreeing to the release of No. 56
Edgemond Avenue and a Resolution is required authorising the Acting Town Clerk to affix the seal of the Corporation to any necessary
documents.
The Bank have previously released from the composite mortgage No. 42 Edgemond Avenue on payment of a lump sum payment
of £400 and No. 52 Edgemond Avenue on payment of a lump sum payment of £400.
March 1949
8776 RESOLVED:- That the action of the General Manager in agreeing to the release of No. 56 Edgemond Avenue, Pype Hayes,
from the composite mortgage in respect of the 10 houses 40/58, Edgemond Avenue on payment of a lump sum of £400, be approved and confirmed,
and that the Acting Town Clerk be authorised to prepare and affix the Corporate seal to the necessary documents.