header-logo header-logo

Home Login E-newsletter About us
19 February 2009 / Sarah Greer
Issue: 7357 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Urgent review

© Copyright LexisNexis 2026. All Rights Reserved.

The MoJ has been compelled to act on mortgage remedies, says Sarah Greer

The Council of Mortgage Lenders’ (CML) prediction for 2009 is that mortgage possessions will rise to about 75,000 by the end of the year. Of these repossessions, the CML expects “a sizeable share” to be buy-to-let borrowers, who have been particularly hard hit by the nervousness of lending institutions over the past months. In the current financial climate, attention has inevitably been focussed on the mechanics of gaining possession of and selling a mortgaged property where the mortgagor has defaulted on repayments. A recent High Court decision in Horsham Properties Group v Clark [2008] EWHC 2327 (Ch), [2008] All ER (D) 58 (Oct) has caused such concern that the Ministry of Justice (MoJ) has started an urgent review into mortgage remedies, and how the law protects borrowers in mortgage arrears.

 

Background: possession and sale

It is well known that the lender has the right to take possession “as soon as the ink is dry” on the mortgage agreement

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
Read All
NLJ this week: Tightening the screws on JCT terminations
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
NLJ this week: Old rules, fresh warnings in employment law
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
NLJ this week: The rise of the ‘ChatGPT client’ rattles the profession
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
NLJ this week: Surrogacy children caught in succession gap
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
NLJ this week: Online safety law at a crossroads
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Copyright © 2026 LexisNexis
back-to-top-scroll