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Last week I was litigation friend defending a re-possession application and got a result that exceeded expectation.
Possession order granted, suspended providing monthly repayments maintained plus £30 off the arrears. This meant that the repayment of the arrears would exceed the remaining term of the mortgage, the lender requested leave to appeal, quoting ‘Norgan’ (the case law allowing the remainder of the mortgage term to clear the arrears)
The Judge asked for a paragraph in ‘Norgan’ which prevented him making such an order, the lenders solicitor offered no response. The Judge repeated the order and emphasised ‘leave to appeal refused’
It could be worth noting by anyone facing a re-possession hearing.
Possession order granted, suspended providing monthly repayments maintained plus £30 off the arrears. This meant that the repayment of the arrears would exceed the remaining term of the mortgage, the lender requested leave to appeal, quoting ‘Norgan’ (the case law allowing the remainder of the mortgage term to clear the arrears)
The Judge asked for a paragraph in ‘Norgan’ which prevented him making such an order, the lenders solicitor offered no response. The Judge repeated the order and emphasised ‘leave to appeal refused’
It could be worth noting by anyone facing a re-possession hearing.
