Source: All England Reporter
Publisher Citation: [2017] All ER (D) 29 (Aug)
Neutral Citation: [2017] EWHC 2041 (QB)
Court: Queen's Bench Division
Judge:

Turner J

Representation Nicholas Broomfield (instructed by Walker Morriss LLP) for the appellant.
  The second respondent appeared in person.
Judgment Dates: 4 August 2017

Catchwords

Mortgage - Possession of mortgaged property - Mortgagor's right to possession

The Case

Mortgage Possession of mortgaged property. The judge had fallen into error in her analysis of evidence relating to three cheque stubs, alleged to be mortgage payments made by the second respondent, which the judge had taken as evidence which questioned the accuracy of the payment records held by the appellant mortgage company. The Queen's Bench Division, in allowing the appeal, held that the judgment for the appellant against the first respondent, to pay the judgment sum of 200,000, would be varied to the sum of 355,457.54, with the respondents ordered to give vacant possession of the property in question as they had not provided evidence that they could pay the revised higher sum.

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