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Recovery of secured property by mortgagees: the balance of interests

journal contribution
posted on 2023-06-08, 08:02 authored by Paul Omar
Reflects on the extent to which the interests of secured creditors in mortgage arrangements are given preference to those of mortgagors in the event of default. Assesses the balance of interests between mortgagors and secured creditors when the latter seek to enforce their rights through: (1) a contractual action on the personal covenant; (2) a statutory order for possession; (3) receivership proceedings under the Law of Property Act 1925 s.101(1); (4) an order for sale; and (5) the equitable remedy of foreclosure.

History

Publication status

  • Published

Journal

International Company and Commercial Law Review

ISSN

0958-5214

Issue

11

Volume

16

Page range

445-453

Pages

9.0

Department affiliated with

  • Law Publications

Full text available

  • No

Peer reviewed?

  • Yes

Legacy Posted Date

2012-02-06

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