Source: All England Reporter
Publisher Citation: [2004] All ER (D) 299 (Dec)
Court: Court of Appeal, Civil Division
Judge:

Pill, Sedley and Thomas LJJ
Representation Nicole Sandells (instructed by Drydens, Bradford) for the claimant.
  The defendant did not appear and was not represented.
Judgment Dates: 17 December 2004

Catchwords

Mortgage - Mortgagee - Action for possession - Possession order - Sale of property - Failure to obtain proper price - Correctness of decision.

The Case

In a case where the claimant company, in repossessing the defendant's property for default in mortgage payments, had failed to satisfy the test that all reasonable steps had been met in the marketing and sale of the property, resulting in the property being sold at an undervalue, the judge had erred in having not awarded the claimant the difference between the undervalue and the mortgage debt.

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