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17 April 2008 / Sarah Greer
Issue: 7317 / Categories: Features , Public , Property , Housing
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Watching the clock

A recent appeal court case may prompt lenders to evict defaulting mortgagors sooner rather than later, says Sarah Greer

The recent Court of Appeal decision of Ashe v National Westminster Bank plc [2008] EWCA Civ 55, [2008] All ER (D) 128 (Feb) sent a collective shiver down the spines of mortgage providers already feeling the impact of the current credit crunch. Although Mummery LJ made it clear that the practical implications of the decision were “in danger of being exaggerated”, it will undoubtedly cause lenders to look again at their policies on obtaining possession of properties from defaulting mortgagors.

The Facts

In 1989, the Babais granted a second legal charge over their home in Stockport to the National Westminster Bank (the bank) to secure Mr Babai's liabilities on his accounts with the bank. There was already a first mortgage on the property with the Halifax. Under the terms of the agreement, the bank had an immediate right to possession of the property, and this was not restricted under the agreement or reliant on any default in payment by the mortgagors.

The

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Gateley Legal—Jack Kelly

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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