The approach of the courts to challenges to LPA receiverships

The High Court case of (1) Jumani (2) Tariq v (1) Mortgage Express (2) Walker Singleton concerned a challenge to the continuing appointment of LPA receivers and is instructive of the approach the courts are taking to challenges to appointments.

The case concerned borrowers who had a buy-to-let portfolio with many of the properties mortgaged. The mortgage conditions provided that: ‘If you have more than one mortgage with us, and you want to pay off just one of those mortgages, we have the right… to stop you paying off the mortgages separately and to insist that you pay them all off.’

Following default, the bank appointed receivers. The receivers were the second defendants in the case (the bank being the first defendants)…

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