During the 2007/2008 financial crisis, figures compiled by the (then)
Council of Mortgage Lenders reported a significant increase in
possessions on the ground of mortgage arrears, with more claims for
possession of mortgaged property than landlord and tenant possession
claims during the third quarter of 2007. The recognition that something
had to be done led to the introduction of the 'Pre-action protocol for
mortgage possession claims based on mortgage or home purchase plan
arrears in respect of residential property' which was designed to
encourage early engagement between mortgagors and mortgagees with
possession proceeding being a 'last possible resort'.
With the temporary restrictions on possession proceedings introduced
during 2020 now coming to an end, but the extent of the economic fallout
from the pandemic still unclear, it is likely that the courts will once
again see an increase in the number of mortgage possession claims
although, it is to be hoped, not to the extent seen during the last
financial crisis.
This book seeks to provide practical guidance to those commencing,
facing or otherwise affected by a claim for possession of mortgaged
property. It focuses primarily on residential property in England and
Wales, and sets out the steps that need to be followed to pursue or
defend a claim, the defences which may be available in a particular
case, and the judicial powers or discretions which may assist a
mortgagor, occupier or other person with an interest in the property at
issue.
ABOUT THE AUTHOR
Jacqueline Lean is a barrister at Landmark Chambers. Her practice
encompasses all matters relating to the use and development of land,
including landlord and tenant and real property disputes.
CONTENTS
Chapter One - Mortgages & The Right to Possession: An Overview
Chapter Two - Statutory Regulation
Chapter Three - Procedure
Chapter Four - Residential Property
Chapter Five - Defences
Chapter Six - Occupiers & Third Parties
Chapter Seven - Money Claims and Counterclaims
Chapter Eight - Insolvency
Chapter Nine - Suspension and Execution of Possession Orders
