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Mortgage lender substituted in possession proceedings and granted leave to execute judgment despite limitation challenge
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The High Court granted an application by a finance company to be substituted as the plaintiff in ongoing possession proceedings, following the transfer of interests from the original lender. The court was satisfied, on the balance of probabilities, that the transfer had occurred despite the deeds of assignment being partially redacted and executed by attorneys, finding no basis to dispute their validity or legal effect. The High Court also granted the substituted plaintiff leave to issue execution on a 2012 possession order, rejecting the borrowers' argument that the application was statute-barred, and confirming that the limitation period under the Statute of Limitations does not apply to such procedural applications to execute a judgment. No prejudice or delay was found in the conduct of the proceedings, and both reliefs were granted.
possession order – substitution of plaintiff – transfer of interest – mortgage enforcement – order for execution – statute of limitations – Statute of Limitations Act 1957 – Rules of the Superior Courts (RSC) – Order 17 rule 4 RSC – Order 42 rule 24 RSC – balance of probabilities – execution of judgment – redacted deed – powers of attorney – company law
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