Unfortunately Mark, Section 2 of the 1989 Act will not help jen p in this case - it only applies to mortgages dated after 27/09/1989.(posted 8015 days ago)As for the simple/speciality question - it may be worthwhile trying to get copies of any further/later editions of the clauses/terms & conditions.
The reason being to see if there are any interesting additions and alterations which seem to add the provision that any money owing on the mortgage, is, or will be treated as a speciality debt. If they have been altered, then as far as I can see, the probable reasons for any alterations could be:- "The previous clauses are open to misinterpretation" "They have been changed to close possible legal loopholes" "They have been changes because of a court case/case law"
Hope this helps Stephen