A mortgage possession order—in the conventional form N31—which suspended possession so long as the borrower paid current instalments and in addition discharged the specified arrears remained in force even after the arrears had gone
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A mortgage possession order—in the conventional form N31—which suspended possession so long as the borrower paid current instalments and in addition discharged the specified arrears remained in force even after the arrears had gone. In Zinda v Bank of Scotland plc [2011] EWCA Civ 706 the Court of Appeal dismissed the appeal of the borrower, a third year law student, whose arrears were consolidated after the suspended order had been made. That effectively settled the arrears but when the borrower subsequently defaulted in payment of the current instalments, the lender issued a warrant of possession. With arrears then standing at over £20,000 and the property in negative equity, the borrower’s application for a suspension of the warrant was thrown out.
The borrower’s argument that the continuation of the order beyond the capitalisation of the arrears was tantamount to an indefinite death sentence, got short shrift from
