the Property Law website
Maintained by Gary Webber, barrister


Mortgage repossession

Mortgage repossession masterclass

This course is for those who already have experience of repossession claims. It deals with some of the tricky issues that can arise.
  • How extensive is the court's discretion when the borrower wants time to sell the house? Do contracts need to be exchanged? To what extent can lenders rely on the Steele case?

  • "Virgin One" type accounts - are these just great big overdrafts to which Habib Bank v Tailor applies? Or does s8 apply so that the court does have a discretion to adjourn / suspend etc. and if so on what terms?

  • When will a tenancy bind a lender? Does the lender need to be afraid of tenancies? Where the tenancy is binding should the lender go for possession or appoint a receiver?

  • Suspending the warrant after execution - is this ever possible? What exactly is oppression?
Course leader: Gary Webber
Level: Intermediate and advanced
CPD: 3 hours

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