Decision Maker: Corporate Director (Operational Services)
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
The Council transferred land at Fairclough
Avenue, Clacton-on-Sea to Colne Housing Society on 10th January
1997 for the purpose of delivering affordable housing.
Colne Housing Society have requested a variation of the land title
to include a Mortgagee Exclusion Clause which is common practice
today.
That the following clause be inserted into the
land title:
"The affordable housing provisions in this agreement shall not be
binding on a mortgagee or chargee or any receiver (including an
administrative receiver appointed by such a mortgagee or chargee or
any other person appointed under any security documentation to
enable such mortgagee or chargee to realise its security or any
administrator (however so appointed) including a housing
administrator (each a Receiver)) of the whole or any part of the
affordable dwellings or any persons or bodies deriving title
through such mortgagee or chargee or Receiver"
Option 1 - Agree to Mortgage Exclusion
Clause
Option 2 -
Option 3 -
Publication date: 20/12/2019
Date of decision: 20/12/2019