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The Mortgage (Rights) Scotland Act 2001 radically alters the law relating to property repossessions in Scotland, giving the courts new discretionary power to refuse repossession orders where a secured lender wishes to recover a domestic property.
The Act has the effect of reversing the law in Scotland and bringing it into line with that in England. With thousands of Scottish borrowers in arrears on their mortgages at any given time, the Act has widespread implications, creating significant new rights for particular people in owner occupied households and forcing lenders in Scotland to review the impact on their secured recovery proceedings.