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Home > Law > Law glossary > Law glossary
Foreclosure
Last modified: Thu Feb 23 16:37:37 2006
Foreclosure is the weapon of last resort for a mortgagee (a lender, typically)
when the mortgagee (borrower) is unable or unwilling to comply with his obligations.
If successful, foreclosure destroys the mortgagor's interest in the land and
vests it in the mortgagee (s.88-9 LPA1925). Typically the mortgagee will
institute forclosure proceedings and obtain an order of ForclosureNisi. This will
give the mortgagee a fixed time (usually six months) to settle up; after this
the mortgagee can go to court again and obtain a order of ForeclosureAbsolute.
Foreclosure has a devastating effect on the mortgagee, and it is often argued that
it should not even be available in modern times.
LandAndPropertyLaw
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