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.
Article Contributed by Nigel Clayton - Kings Chambers Applications to amend – s 140A etc CCA 1974 – regulatory compliance – claim for damages for breach of MCOB – beneficial interest – form of consent – s 36 AJA 1970 Case name, reference & Bailii...
The editor of this section is Nigel Clayton of Kings Chambers, Leeds and Manchester (nclayton@kingschambers.com) Read v Eastern Counties Leather Group Ltd, [2022] EWHC 31 (Ch) http://www.bailii.org/ew/cases/EWHC/Ch/2022/31.html Summary The High Court struck...
Written by Nigel Clayton. Global 100 Limited v Laleva, [2021] EWCA Civ 1835 A transcript of the decision can be downloaded here. In this case the Court of Appeal explained what is meant by the words in CPR 55.8(2): “Where the claim is genuinely disputed on grounds...
Written by Nigel Clayton. Bank of Scotland Plc v Hoskins [2021] EWHC 3038 (Ch) A transcript of the decision can be downloaded here. In this case, the High Court struck out a defence and counterclaim in mortgage possession proceedings which were caught by a full and...
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...
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...
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...
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...
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...
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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