The November 2023 Supreme Court of Appeal (SCA) re-inforced the statutory entitlement of a Body Corporate to withhold the issue of a levy clearance certificate in preference to a bank claim for mortgage bond payment on an auction where there is insufficient to pay both. It held that the statutory embargo on transfer until levies and other amounts were paid to a Body Corporate could not be overriden by a sale agreement between the Sheriff and the buyer. A previous High Court judgment authorising the transfer to the buyer was set aside.
However the court did require any dispute in the amount claimed by the Body Corporate to be resolved between the parties.
Read more here at this step-by-step analysis of the respective court judgments that were settled on Appeal..
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