Legal loophole could prevent home possessions
A legal loophole has been exposed in the High Court that may affect hundreds of cases involving housing possessions.
The repeal of an old piece of legislation in 2009 means that mortgage lenders have been stopped from chasing certain borrowers who have fallen into arrears.
It effects mortgages that were taken out prior to December 1, 2009.
If the loan went into default and proper demands for repayment were not made before that date then the court has ruled that the lender cannot apply for possession.
The legal alternative for the mortgage company is to have a judgment registered but it is a lengthy legal process that can take several years.
"We are now clearly in uncharted waters," said David Hall, from legal group New Beginning.
