JMW successfully regain possession of a property for a lender

JMW’s client was a lender who wanted to secure possession of a property because of a default.

Background

Senior Associate solicitor Neli Borisova had sought to regain possession of a property on behalf of a lender. There had been complexities with the security that the borrower had given to the lender. Security is an asset that the borrower gives the lender a legal right over.

How did JMW help

Neli was able to carefully review what had happened, and despite the court ordering possession of the property, it was not initially possible for the County Court bailiffs to gain access to the property because the neighbouring land was registered to another person.

Proceedings were commenced in the County Court, and the borrower commenced a series of appeals in order to retain possession of the property.

What was the outcome?

A senior judge dismissed the appeals.

Neli successfully transferred the case to the High Court for enforcement purposes in light of the practical execution issues. The borrower made final attempts to obstruct enforcement through urgent applications, which were ultimately defeated in the High Court.

The High Court Enforcement Officer was then able to regain possession of the property, and the property can now be sold by the lender to pay the debt.

Neli said “This was a particularly complicated case, and we were able to resist a number of appeals and last-minute applications. The lender now has possession of the property and can realise its security to recover the debt owed to it.”