Repossession Loophole to Close

by David Carter on 05 January 2010

The Ministry of Justice is proposing a change to the law to ensure that mortgage lenders will not be allowed to repossess homes without a court order or the borrower’s consent.

Although this is the current practice of the majority of mortgage lenders, making this law will give home owners access to court protection when threatened by repossession. Under the existing law lenders have the right to repossess and sell a property without seeking agreement of the borrower or the courts.

There will be a consultation period which runs till 28th March – you can see the proposals and more detail on the Ministry of Justice website.

In my opinion, this is good news as it will stop those few rogue lenders from repossessing unduly quickly and without giving the home owner any court protection. 

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Disclaimer: The statements and opinions expressed in this article are those of the author and do not necessarily reflect those of Sheriffs High Court Enforcement Ltd, trading as The Sheriffs Office. Sheriffs High Court Enforcement Ltd does not take any responsibility for the views of the author. The author will not be held responsible for any comments posted by visitors to this site. Please note that this article does not constitute legal advice. The author has used his best endeavours to make this article as accurate and complete as possible, but requests that the reader be aware that the law of England and Wales frequently changes. The author strongly advises the reader to take legal advice before embarking on any enforcement action.

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