Sell now, claim later
Series: Estates Gazette ; (0244) 2 November 2002, 167(1)Publication details: 2002Subject(s): Summary: Examines recent consideration given by Court of Appeal to test case concerning rights of lenders to claim repayment on mortgage shortfalls. In "Bristol & West Plc v Bartlett" [2002] EWCA Civ 1181; [2002] 33 EG 97 (CS), examination was given to fact that lender sought repayment of shortfall more than six but less than 12 years after sale by lender due to default on mortgage payments, with regard to Limitation Act 1980. CA decided that limitation periods applicable to mortgages continue to apply after a sale, and any shortfall in principal can be reclaimed within 12 years, but repayment of any interest must be sought within six years.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| News article | London News article | WB3841-18 (Browse shelf(Opens below)) | 1 | Available | 120369-1001 |
Examines recent consideration given by Court of Appeal to test case concerning rights of lenders to claim repayment on mortgage shortfalls. In "Bristol & West Plc v Bartlett" [2002] EWCA Civ 1181; [2002] 33 EG 97 (CS), examination was given to fact that lender sought repayment of shortfall more than six but less than 12 years after sale by lender due to default on mortgage payments, with regard to Limitation Act 1980. CA decided that limitation periods applicable to mortgages continue to apply after a sale, and any shortfall in principal can be reclaimed within 12 years, but repayment of any interest must be sought within six years.