Watching the clock
Language: English Series: New Law Journal ; 158(7317) 18 April 2008, 548-549(2)Publication details: 2008Subject(s): Summary: 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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L143364 (Browse shelf(Opens below)) | 1 | Available | 143364-1001 |
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.