Limitation Act - is this decision relevant?greenspun.com : LUSENET : Repossession : One Thread
Can anyone clarify what this means. It's taken from the following site that may prove handy perhaps:
Land Banking Limitation ChD Times 23-Feb-2000 Global Financial Recoveries Ltd v Jones A claim to recover a mortgage shortfall, where expressly granted by the deed in that behalf, gave rise to a claim in specialty, not in contract, and was therefore recoverable for up to twelve years. A claim under the underlying loan agreement was a claim in contract. An assignment of the debt alone operated to assign that debt, and not the right given under the mortgage, and so a claim under the assignment was limited as under contract. Limitation Act 1980
-- mark (firstname.lastname@example.org), April 23, 2002
Have you read the section on this, under "Do Lenders have 6 or 12 years to chase me?", under case law ,on the home-repo page?
-- M Amos (email@example.com), April 23, 2002.
Doh!! Thanks Mark...I wouldn't mind but I've read that page about a dozen times!
-- mark (firstname.lastname@example.org), April 23, 2002.