Mortgage possession at a crossroads: which way should we turn?

Whitehouse, Lisa

Abstract

The unification of the regulation of first and second mortgages in 2016 has raised the question as to the appropriate route for possession claims: is it the Administration of Justice Act 1970 or the Consumer Credit Act 1974? In making the case for the latter, this article evidences the disparity in the resilience experienced by the parties and the potential for the CCA 1974 to offer an effective response to it.

Citation

Whitehouse, L. (2019). Mortgage possession at a crossroads: which way should we turn?. Conveyancer and property lawyer, 83(3), 227-249

• Journal Article Type: Article
• Acceptance Date: Aug 23, 2019
• Publication Date: Sep 26, 2019
• Deposit Date: Oct 14, 2019
• Publicly Available Date: Oct 17, 2019
• Journal: Conveyancer and Property Lawyer
• Electronic ISSN: 0010-8200
• Publisher: Sweet and Maxwell
• Peer Reviewed: Peer Reviewed
• Volume: 83
• Issue: 3
• Pages: 227-249
• Keywords: Mortgagees' powers and duties; Mortgages; Mortgagors' rights; Possession claims
• Public URL: https://hull-repository.worktribe.com/output/2537188
• Publisher URL: https://uk.westlaw.com/WestlawUk/Journals/Publications/Conveyancer-and-Property-Lawyer
• Additional Information: Proofs are due on 4 September 2019.
• Contract Date: Oct 17, 2019