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

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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll