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Sorry, We've Sold Your Home: Mortgagees and their Possessory Rights

Published online by Cambridge University Press:  01 July 1999

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Extract

Ropaigealach v. Barclays Bank plc (not yet reported) is another case that attempts to define precisely the relationship between a mortgagee's right to possession of mortgaged premises following default by the mortgagor and the court's ability to defeat or defer this right under its statutory powers. More than that, the Ropaigealach decision illuminates brightly the true extent of a mortgagee's possessory rights and may, if other mortgagees cannot resist the temptation to follow its lead, require the further intervention of Parliament to protect mortgagors of dwelling houses.

Type
Case and Comment
Copyright
Copyright © The Cambridge Law Journal and Contributors, 1999

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