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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

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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