Flashcards
Mortgage Repossession Case Law (English law)
Flashcards do conjunto (10)
- 1Abbey National v MewtonD's poor payment record can be considered as evidence that D is unlikely to clear arrears within a reasonable period of time.
- 2Cheltenham & Gloucester Building Society v. Norgan'within a reasonable period of time' - starting point is the entire remaining term of the mortgage
- 3Mortgage Services Funding plc v. SteeleUnless there is firm evidence that a sale is about to complete, the court should not normally prevent C from enforcing his legal remedy of possession
- 4Cheltenham & Gloucester v. Krausz and anotherWhere the proceeds of sale will not discharge the mortgage debt (negative equity), S.36 does not allow the court to suspend the possession order to allow D to sell (unless D can show other funds to make up shortfall)
- 5Habib Bank v. TailorS.8 cannot be applied to all monies charges because:
No permission for D to defer payment
The written demand from the bank makes the money due, so there cannot be any provision for early repayment - 6Gomba Holdings UK Ltd v. Minories Finance LtdAn order for the payment of costs is always a discretionary one.
This discretion should normally be exercised to reflect C's contractual right to all costs on indemnity basis. - 7Halifax v. TaffsC had possession order suspended several times and then applied to have it set aside.
Court refused - D had not acted promptly and had treated the order as valid by making applications to suspend it. - 8Cheltenham & Gloucester Building Society v. Grattidge and GrattidgeThe court can make a money judgment suspended on the same terms as the possession order.
This is not inconsistent with S.8 - 9Hammersmith and Fulham LBC v. HillOnce a suspended possession order has been breached, enforcement can be enacted without further notice to the tenant.
- 10Citibank Trust plc v. AyivorThe existence of a counterclaim does not satisfy S.36 in showing that D will be likely to clear arrears within a reasonable period, even if the counterclaim has a reasonable prospect of success.
Informações
- Descrição
- A selection of cases providing many of the basic principles to be exercised in defending an application from a mortgagor to suspend/set aside a possession order or warrant.
- Criado por
- Sarah King
- Visualizações
- 547
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