Troubled times, when the cost of living rises while wages and the public purse are being squeezed, can produce some interesting, and even ingenious, attempts by debtors to avoid paying their dues. The recent case of The Mortgage Business Plc v Lamb is a good example of one such, particularly sophisticated, endeavour.
The claimant lender (TMB) had obtained a possession order against the defendant borrower’s (Lamb) home when she defaulted on mortgage payments. Lamb succeeded in staying execution of the possession order pending an appeal predicated upon a highly technical legal argument that has been doing the rounds on various borrower-friendly internet forums and social network groups.
The argument is also currently the subject of several other defaulting homeowners’ defences in similar mortgage possession proceedings throughout England and Wales…
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