000 01227cam a2200229 4500
001 WB3841-18
008 021105n2002 000 0 eng u
035 _a(Sirsi) u120369
245 _aSell now, claim later
260 _c2002
490 _aEstates Gazette
_v(0244) 2 November 2002, 167(1)
520 _aExamines 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.
590 _aWB
650 _aHOPKINSON V TUPPER
650 _aBRISTOL & WEST PLC V BARTLETT
650 _aLIMITATION ACT 1980
650 _aMORTGAGES
650 _aPARAGON FINANCE PLC V BANKS
650 _aHALIFAX PLC V GRANT
690 _aPROPERTY
942 _n0
999 _c71521
_d71521