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Time limits - recovering money owed after mortgaged property is sold |
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Lenders need to ensure that when recovering money due under a mortgage, the statutory time limit is observed, and when drafting the charge care must be taken to provide for adequate repayment provisions upon default.
In West Bromwich Building Society v Wilkinson [2005] UKHL 44 , a mortgagee obtained possession following repayment defaults under a loan. It then sold the mortgaged property and was left with a shortfall because of a decline in the property market. More than 12 years after the default had occurred, the mortgagee served a claim on the mortgagors for the shortfall. The House of Lords held that the claim was time-barred on the basis that it was outside the 12 year period allowed by section 20 of the Limitation Act for enforcing a debt secured by a mortgage. The limitation period starts to run from "the date on which the right to receive the money accrued", not from the date on which the property` is sold.
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October 2005 |