Will It Ever Be Possible for a Mortgagor to Obtain

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The Answer is In the case of Mortgage Express v Lambert [2016] EWCA Civ 555, the Court of Appeal held that a mortgagor can obtain an order for sale under section 91 of the Law of Property Act 1925 even if the sale proceeds will not fully pay off the mortgage debt.

In this case, the mortgagor sought an order for sale of the property, but the sale proceeds would not be sufficient to discharge the mortgage debt. The Court of Appeal held that the mortgagor was entitled to seek an order for sale under section 91, and the fact that the sale proceeds would not fully satisfy the mortgage debt was not a bar to the order for sale.

The court emphasized that the purpose of section 91 is to provide a remedy for the mortgagor to sell the property and discharge the mortgage debt, even if the sale proceeds are insufficient to fully satisfy the debt. The court also noted that the mortgagee's interests are protected by the court's discretion in ordering the sale and the distribution of the sale proceeds.

Therefore, based on the case law in Mortgage Express v Lambert, it is possible for a mortgagor to obtain an order for sale under section 91 of the Law of Property Act 1925, even if the sale proceeds will not fully pay off the mortgagee debt. The court's discretion in ordering the sale and the protection of the mortgagee's interests ensure that the mortgagor can seek relief under section 91, even in cases where the sale proceeds are insufficient to fully satisfy the mortgage debt.

Will It Ever Be Possible for a Mortgagor to Obtain

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