header-logo header-logo

19 February 2009 / Sarah Greer
Issue: 7357 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Urgent review

The MoJ has been compelled to act on mortgage remedies, says Sarah Greer

The Council of Mortgage Lenders’ (CML) prediction for 2009 is that mortgage possessions will rise to about 75,000 by the end of the year. Of these repossessions, the CML expects “a sizeable share” to be buy-to-let borrowers, who have been particularly hard hit by the nervousness of lending institutions over the past months. In the current financial climate, attention has inevitably been focussed on the mechanics of gaining possession of and selling a mortgaged property where the mortgagor has defaulted on repayments. A recent High Court decision in Horsham Properties Group v Clark [2008] EWHC 2327 (Ch), [2008] All ER (D) 58 (Oct) has caused such concern that the Ministry of Justice (MoJ) has started an urgent review into mortgage remedies, and how the law protects borrowers in mortgage arrears.

 

Background: possession and sale

It is well known that the lender has the right to take possession “as soon as the ink is dry” on the mortgage agreement (Four- Maids Ltd v Dudley Marshall (Properties) Ltd

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll