The online resource for UK Property Law

Mortgage possession

This section of the site contains material that is specific to mortgage possession claims.

In particular it contains an article relating to mortgage repossession claims: Time to sell – What are the court’s powers when a borrower needs more time to sell the house to pay off the whole of the mortgage debt? Does the borrower need to have contracts in place before the court will adjourn the claim or stay the order to allow the sale to be completed. The article suggests not.

See also the The possession claims section of the site.

Redemption

Clog on equity of redemption Liability for contingent costs Re: Industrial North West LLP (in Administration) [2020] EWHC 3052 (Ch) Summary A mortgagee was entitled to retain security, notwithstanding the repayment of a loan, against a contingent liability for legal...

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Receivers

Entitlement to claim possession Availability of s36 AJA 1970 to the borrower? Menon v Pask and Goode [2019] EWHC 2611 (Ch) Summary Receivers appointed by a bank as mortgagee were entitled to sue for possession, notwithstanding that they acted as agents of the...

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Assignee of charge

Assignee claiming possession Assignment of debt Promontoria (Oak) Limited v Emanuel [2020] EWHC 563 (Ch) Summary In a possession and money claim brought by the registered assignee of a legal charge, the Appeal Judge found that the Claimant was entitled to possession...

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Time to sell

What are the court's powers when a borrower needs more time to sell the house to pay off the whole of the mortgage debt? Does the borrower need to have contracts in place before the court will adjourn or stay to allow the sale to be completed? In this article Gary...

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Costs

Indemnity costs Contract term required Helden v Strathmore Ltd [2011] EWCA Civ 542 On the question of costs in this case, the judge had been wrong to assume that all mortgagees are entitled to indemnity costs. While it is perfectly true that the majority of mortgages...

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Discrimination defences

See also the Discrimination defences page in the general Possession claims section of the site. Disabled borrower in arrears Lender's refusal to convert to interest only loan Green v Southern Pacific Mortgage Ltd [2018] EWCA Civ 854 Summary A lender-s refusal to...

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Counterclaim and set-off

Claim for declaration as to entitlement to damages and set-off Limitation - summary judgment Woodeson v Credit Suisse (UK) Limited [2018] EWCA Civ 1103 Summary A bank was entitled to summary judgment against borrowers on their claim for declarations as to their...

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