Facts
- A mortgagor defaulted on payments of a £225,000 loan secured against their land
- The arrears amounted to £64,579
- The mortgagee wished to take possession and the mortgagor wished to sell on the basis of a £450,000 offer received
Issue
- Could the mortgagor have possession postponed for 3 months under section 36 of the Administration of Justice Act 1970 to allow the sale to complete?
Decision
- Yes
Reasoning
- Although the was no evidence that the mortgagor would be able to pay the mortgage loan arrears, the prospects of an early sale were best served by postponing possession
