Initial contact from lender

greenspun.com : LUSENET : Repossession : One Thread

Reading around on the site has just got me thinking - I'm not 100% sure (need to check when I get home), but I believe that the original letter from the letter informing of the shortfall was addressed to my ex-partner's father, which is why I never received it. He acted as guarantor and joint mortgage borrower for a while, but at the time of repossession my ex-partner was of legal age and indeed had taken on this responsibilty.

If there was no original letter in either mine or my ex-partners name, and the repossession is well over 6 years ago, could this be significant in my defence ??

Many thanks for any help or advice you can give me

-- not.applicable (na@hotmail.com), May 21, 2002

Answers

No. Guarantor's are jointly and severally liable - that's why they ask for them. The letter would be construed as contact made, unless your partner had the guarantor removed prior to that time - a legal process to which the Lender had to be a signatory.

-- Too scared to say (iwasduped@yahoo.com), May 21, 2002.

Moderation questions? read the FAQ