Greer, Sarah J. (2009) Urgent review. New Law Journal, 159 (7357). p. 254. ISSN 0306-6479

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Abstract

Explains the rights of mortgagees to take possession of and sell property where mortgagors fall into arrears, considering the application of the provisions of the Administration of Justice Act 1970 allowing courts to adjourn or stay proceedings to allow borrowers to meet their obligations under the mortgage. Highlights the Chancery Division ruling in Horsham Properties Group Ltd v Clark, in which the property was sold without vacant possession and an action taken for possession of the property from the mortgagors as trespassers, which meant that the 1970 Act did not apply. Notes the concerns of the Council of Mortgage Lenders which may lead to a review of the law. [from Legal Journals Index]

Item Type:	Article
Uncontrolled Keywords:	arrears, mortgagees' powers and duties, mortgagors' rights, power of sale, repossession,
Subjects:	K Law > KD England and Wales H Social Sciences > HD Industries. Land use. Labor
Pre-2014 Departments:	School of Humanities & Social Sciences School of Humanities & Social Sciences > Department of Law & Criminology
Related URLs:	Organisation Publisher
Last Modified:	02 Oct 2019 15:15
URI:	http://gala.gre.ac.uk/id/eprint/1784

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