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Response to 6 YEARS FROM WHEN?
from Tim Heath (tim_n_heath@hotmail.com)
After giving this some thought I would propose the following: If the
Lender is relying on the Mortgage Deed then the debt starts from date
of default according to the deed and accompanying terms and
conditions. Reposession and Sale of the property are merely actions
in the in the recovery of the debt that became due on default. The
dates of these actons are red herrings and serve no purpose other
than to illustrate the lenders undue delay and negligence in the
recovery process. You can uses Hopkinson & Others v Tupper to
illustrate this (See the Reposession section - 6 or 12 years to see
why this case is important in establishing the start point).
If anyone else has any opinions on this please let me know.
Regards
Tim.
(posted 9131 days ago)
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