Possession Orders and designated persons

20 May 2024, 20 mins ago

Possession Orders are usually run of the mill applications, with several passing through a court room every day. Sadly, these applications are usually used against parties who have lost their jobs or taken out a larger mortgage than they can handle.

However, the Russia (Sanctions) (EU Exit) Regulations 2019 and the designation of persons as sanctioned under these regulations, has added a novel point to possession orders as designated person are, at times through no fault of their own, unable to make their mortgage payments.

Bank representatives, in our experience, treat the possession claims of designated persons no differently than ordinary possession claims. Refusing to acknowledge the complexities behind the non-payment of the mortgage in question and bullishly pushing ahead for possession orders.

Recently, although faced with vigorous opposition by a lender, Gherson has successfully shown the courts that these issues are entirely too complex to be capable of decision at a possession hearing and require a full trial in the high court.

How Gherson can assist

Possession applications move very quickly and are often pushed aggressively by legal representatives for the lender. Whether you are a designated person who has been left unable to pay their mortgage and may possibly face a possession application, or your lender has already issued an application for possession, Gherson can assist you in negotiating a resolution. This may be by defending any application brought against you or by negotiating with your lender prior to any litigation.

If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on XFacebookInstagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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