Q&As

If a lender exercises its power of sale, does the buyer take the title free from any interests ranking subsequent to the lender's charge, but subject to any which pre-dated the charge?

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Published on LexisPSL on 01/03/2018

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

  • If a lender exercises its power of sale, does the buyer take the title free from any interests ranking subsequent to the lender's charge, but subject to any which pre-dated the charge?

Under section 104(1) of the Law of Property Act 1925 (LPA 1925), a sale by a mortgagee exercising its power of sale will override all rights over which the charge has priority. LPA 1925, s 104(1) provides:

‘A mortgagee exercising the power of sale conferred by this Act shall have power, by deed, to con

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