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Lending and security – Standard security – Enforcement. Sheriff Court: In an action in which the pursuer sought the court's authority to enter into possession to sell residential property, and a warrant for ejection, the defender having granted a standard security over the property in security of its obligation to repay a loan to the pursuer, which it had failed to repay and the pursuer having called up the loan, the court held that the protective regime introduced by the Home Owner and Debtor Protection (Scotland) Act 2010 was not engaged, and in any event the pursuer had complied with the pre-action requirements, that while the remedy of ejection could competently be granted against a legal (juridical) person the crave was not justified on the evidence led, but it would not be unreasonable to grant decree of possession.
Lending and security – Standard security – Enforcement. Sheriff Court: In an action in which the pursuer sought the court's authority to enter into possession to sell residential property, and a warrant for ejection, the defender having granted a standard security over the property in security of its obligation to repay a loan to the pursuer, which it had failed to repay and the pursuer having called up the loan, the court held that the protective regime introduced by the Home Owner and Debtor Protection (Scotland) Act 2010 was not engaged, and in any event the pursuer had complied with the pre-action requirements, that while the remedy of ejection could competently be granted against a legal (juridical) person the crave was not justified on the evidence led, but it would not be unreasonable to grant decree of possession.
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