Warrants of possession and restitution
Exclusive jurisdiction of the county court – whether mortgage had to satisfy s 2 of the 1989 Act
Platform Funding Limited v Easeman (unrep)
Briggs J, Chancery Division, Liverpool District Registry
26 February 2012
A lender is entitled to bring a trespass claim in the High Court against persons unknown who have re-entered the mortgaged property following execution of a warrant of possession. There was no merit in an appeal against an order refusing to set aside the order for possession on the ground that the lender did not have a contract of mortgage sufficient to satisfy s 2 Law of Property (Miscellaneous Provisions) Act 1989. The High Court did not have jurisdiction to transfer county court possession proceedings to the High Court.
The borrower defaulted in repayment of his residential home loan mortgage. The lender commenced possession proceedings in the county court, and obtained an order for possession that it executed with a warrant of possession. The borrower and others re-entered the property on several occasions and the lender had to obtain warrants of restitution, which it executed with the bailiffs and police, meeting considerable resistance on each occasion. The borrower and others re-entered again.
The lender then com ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW
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