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Response to court of appeal update

from Guy Skipwith (guy@skipwith107.freeserve.co.uk)
CA has given judgment. No transcript available yet although a note of the judgment has been issued.

CA held that limitation period for shortfall is 12 years for principal (s20(1)) and 6 years for interest (s20(5)).

Also held that a covenant relating to repayment of mortgage shortfall does not give lender a separate cause of action.

Time starts to run,therefore, from the date that the lender could have first taken action against the debtor, subject to its extension by acknowledgment or part payment.

Guy

(posted 7932 days ago)

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