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Home > Law > Laws of specific jurisdictions > Financial law: general > Bankruptcy and insolvency > Scottish Repossessions: The Mortgage Rights (Scotland) Act 2001
Scottish Repossessions: The Mortgage Rights (Scotland) Act 2001

Scottish Repossessions: The Mortgage Rights (Scotland) Act 2001


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About the Book

The Mortgage (Rights) Scotland Act 2001 radically alters the law relating to property repossessions in Scotland. The Act gives courts a new discretionary power to refuse reposession orders where a secure lender wishes to recover a domestic property. The Act has the effect of reversing the law in Scotland and bringing it into line with that in England. With thousands of Scottish borrowers in arrears on their mortgages at any given time, the Act has widespread implications, creating significant new rights for particular people in owner occupied households and forcing lenders in Scotland to review the impact on their secured recovery proceedings.

Table of Contents:
* The repossession framework * The initial stages - standard securities * The initial stages - pre-existing forms of security * The Mortgage Rights (Scotland) Act 2001 * Lenders duty of good faith * Human rights and reposession * Special cases * Recovering the subjects * Repossession sales * Future developments in repossession law * Appendices


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Product Details
  • ISBN-13: 9780414014657
  • Publisher: Sweet & Maxwell Ltd
  • Publisher Imprint: W.Green
  • Language: English
  • Sub Title: The Mortgage Rights (Scotland) Act 2001
  • ISBN-10: 0414014650
  • Publisher Date: 01 Aug 2002
  • Binding: Hardback
  • No of Pages: 256


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Scottish Repossessions: The Mortgage Rights (Scotland) Act 2001
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