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Response to Son unaware he was partner in mortgage

from Lee (repossession@bigfoot.com)
I'll try to asnwer what questions I can:

1. Yes, they can pursue your son. But they can't force him to pay anything he dsputes without going to going to court first, where your son will find an audience that are very willing to listen to what has happened and examine the evidence that supports it.

2. Will they let him see the signed agreement? Difficult to say: lenders do not usually show documentation prior to issuing a writ - as opposed to going to court. However, both parties in a dispute that is heading to court should provide each other with copies of the supporting documentation for their cases before the actual hearing. This process - called discovery - is designed to ensure that they each sees the evidence for the other's claim before they waste court time, taxpayers' money, etc.

3. I don't know.

4. I've published what we know about this difficult area in the Your Rights section of the Repossession section.

5. Probably. Dispute means higher costs and higher costs usually motivate people to consider cheaper forms of resolution.

6. You need an international law specialist to answer that one, I'm afraid.

7. You can certainly try. In my experience Abbey National is pragmatic about what it will settle for but threatens Hell and high water before settling. Hell and highwater = court action.

Hope this helps.

(posted 9062 days ago)

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