Matt,(posted 8477 days ago)Eleanor and I are in the process of some offline discussions but hope that our findings will be of benefit to everyone (watch this space!). I agree with everything that she has to say. In my opinion (and like Eleanor I stand to be corrected on any of my following comments) the process of getting a money judgement is a legal case between the lender and yourself and therefore you have a right to a defence and an audience at the hearing. I would suggest that you follow Eleanor's advice and demand that the *original* deed is produced in court. If you do not demand the original document the judge, it would seem, assumes that you are agreeing that their copy (or lack of) is good enough, and this should never be the case. The bottom line is that after all is said and done the Money Judgement is an enforcement order on an alleged shortfall governed by the mortgage deed. As a side note I have heard a lot about the comments made by Carol with regards to money judgements, but no one ever seems to know Carol's source of information. ie "the lender should obtain a Money Judgement at time of repo or where refused seek to do so within one year". I would love to know the source of this information so that I can also do some further digging. If anyone knows please let me know.
Tim