Bank of Scotland plc v Zinda [2011 EWCA Civ 706; [2011] WLR (D) 208
“An agreement between the mortgagor and mortgagee consolidating the unpaid instalments leading up to a suspended possession order and the future mortgage instalments thereby enlarging the total amount of loan did not have the effect of creating a new contract of loan displacing the original contract of loan. Nor did the agreement affect the survival of the suspended possession order entitling the mortgagee to take immediate possession of the mortgaged property without any further order based on the new contract.”
WLR Daily, 23rd June 2011
Source: www.iclr.co.uk
