Mortgage receivership & possession: so few answers, many more questions. Cecily Crampin & Tricia Hemans report
- Mortgage receivership and possession claims, considering the current state of the law following the decision in Menon v Pask and the practical effect of the decision in terms of the utility of receivership, how far the principles in Menon might extend, and the courts’ approach to receivership questions.
It’s easy to feel that cases involving mortgage receivership require belief in as many as six impossible things before breakfast. The deemed agency makes the receiver the borrower’s apparent servant, and yet his actions are out of the borrower’s control. This wonderland is particularly apparent when a receiver seeks possession from the borrower since it appears as if the borrower is suing himself for possession of a property, which he the borrower, has a right to possess.
Last autumn’s decision of Mr Justice Mann in Menon v Pask [2019] EWHC 2611 (Ch), [2019] All ER (D) 79 (Oct) has answered at least one impossible question: a receiver, appointed under an owner-occupier mortgage, and
