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

Whitehouse, Lisa

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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 Sep 27, 2020
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.

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