A Practical Guide to Mortgage Possession Proceedings

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