Q&As

Does a lender with a statutory power of sale need to issue court proceedings in order to obtain possession of the premises or can the property be sold without them taking possession?

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Published on LexisPSL on 21/11/2017

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Does a lender with a statutory power of sale need to issue court proceedings in order to obtain possession of the premises or can the property be sold without them taking possession?

Does a lender with a statutory power of sale need to issue court proceedings in order to obtain possession of the premises or can the property be sold without them taking possession?

A sale by a mortgagee is normally effected without a court order, by exercising the mortgagee's statutory power of sale in section 101(1)(i) of the Law of Property Act 1925. This is provided that the mortgage is made by deed and no contrary intention regarding a power of sale has been expressed.

The statutory

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