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Mortgage Possession Claims

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 final settlement clause in a previous Tomlin Order between the same parties. Facts The bank issued CPR 55 residential mortgage possession proceedings in the county court, based on mortgage arrears on a home loan.…

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