Watching the clock
Greer, Sarah
Watching the clock - 2008 - New Law Journal 158(7317) 18 April 2008, 548-549(2) .
Examines the decision in Ashe v National Westminster Bank plc, and suggests that it may encourage lenders to evict defaulting mortgagors sooner. Presents the facts of the case. The main issue was whether the bank's rights in the property had been extinguished through adverse possession. The had delayed seeking possession for longer than the statutory 12-year limitation. Suggests that to avoid such problems, lenders should limit their right to possession to defaulted payments. Close monitoring of the limitation period and relevant issues is also advocated.
ASHE V NATIONAL WESTMINSTER BANK PLC
LIMITATION ACT 1980
FOUR-MAIDS LTD V DUDLEY MARSHALL (PROPERTIES) LTD
PALK V MORTGAGE SERVICES FUNDING PLC
PYE V GRAHAM
England and Wales--1543-
Watching the clock - 2008 - New Law Journal 158(7317) 18 April 2008, 548-549(2) .
Examines the decision in Ashe v National Westminster Bank plc, and suggests that it may encourage lenders to evict defaulting mortgagors sooner. Presents the facts of the case. The main issue was whether the bank's rights in the property had been extinguished through adverse possession. The had delayed seeking possession for longer than the statutory 12-year limitation. Suggests that to avoid such problems, lenders should limit their right to possession to defaulted payments. Close monitoring of the limitation period and relevant issues is also advocated.
ASHE V NATIONAL WESTMINSTER BANK PLC
LIMITATION ACT 1980
FOUR-MAIDS LTD V DUDLEY MARSHALL (PROPERTIES) LTD
PALK V MORTGAGE SERVICES FUNDING PLC
PYE V GRAHAM
England and Wales--1543-