ABSTRACT
This chapter analyses the English law relating to the mortgagees' right to possession of residential property. It shows that substantive legal reform must be undertaken if we are to avoid a repetition of the high numbers of repossessions witnessed during the early 1990s, with 75,500 homes repossessed in 1991 alone. The legal process of repossession is therefore in need of reform. The chapter examines the merits of the repossession process as a candidate for reform and details some of the factors which have been responsible for the rise in the number of repossessions, provides an examination of the changes made to the payment of Income Support for mortgage interest. The qualitative data was collected during a series of semi-structured interviews involving: representatives of thirteen lenders; six district judges; a representative of the Council of Mortgage Lenders; and two lawyers who undertook repossession work for two of the lenders.
