National & Provincial Building Society v Lloyd [1996]

Facts

  • Mortgage loan payments on a Dorset farm were defaulted upon
  • The mortgagee sought possession

Issue

  • Could possession be postponed under s 36 of the Administration of Justice Act 1970 so that the mortgagor could sell the property?

Decision

  • No

Reasoning

  • There was no reason why possession could not be postponed for up to a year if it was clear that a sale would occur within this period, and that sale would pay off the mortgage loan
  • If the sale value would not cover the outstanding loan amount, a mortgagor could but clear evidence forward that he had assets making it likely that he would be able to satisfy any remaining sum
  • As there was only an intention to sell, and no actual progress towards a sale, there could be no postponement
RELATED CASE  Horsham Properties Group v Clark [2008]

Posted in Land Law Revision Notes.

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