money judgment ordergreenspun.com : LUSENET : Repossession : One Thread
My property was repossessed in September 1997 and I am being pursued for a shortfall claim by the lender. I have asked for copies of the Money Judgment Order and have been advised that it was not the lenders policy at the time to request an MJO on posession order. Can they still request one from the court? Is it to my advantage that they don't have one?
-- sara (email@example.com), September 28, 2002
My own, non expert opinion, is that it is to your advantage that they don't have an MJO. The reason being that if they do, then they can chase you for the shortfall indefinitely, due to a recent appeal court case. I am trying to get a number of questions answered on MJO's, but it is proving quite difficult to get clear answers. I am considering adding a new proposal(if I can) to the mortgage shortfall e-petition stating that an MJO should run for the same period as the limitation period, and start at the same time. Any thoughts on that from anyone? As I understand it they can still request an MJO from the court after repo, but I don't know how long after they are able to do this.
-- M Amos (firstname.lastname@example.org), September 28, 2002.
when I rang the court a few months ago to find out if a MJO had been issued when the repo notice was issued back in 1994, they told me that there wasn't one, and in any case, as far as she was aware a MJO only lasted 6 years!!! may be of use ???
-- amandab (email@example.com), September 29, 2002.
I was told by the NACAB Chief Policy Adviser that due to a House of Lords decision: Lowsley and another v Forbes - 29.7.98 MJOs have no time limit now. What the situation is for MJOs issued prior to this decision I'm not quite sure and I am trying to find out. Perhaps someone else knows ? For a full transcript of this decision see 'www.parliament.uk' although I haven't looked at this yet (not much computer time, I have to rely on cyber cafes).
-- M Amos (firstname.lastname@example.org), September 29, 2002.