Cost and Other chargesgreenspun.com : LUSENET : Repossession : One Thread
I understand that it is 12 yrs for principal and 6 yrs for interest, what about other charges ie: Estate agents, solicitors fees and other costs involved in selling property, would these come under the 6 year rule or not.
Your comments welcome
-- Gel (email@example.com), June 03, 2003
A mortgage deed being under seal is classified as a specialty, in legal jargon, (Limitation Act 1980) and so has a time limit for action of 12 years.
It is 6 years for interest, as you say (see Bristol & West v Bartlett, para 35)
The other charges/costs you mention, I think, will be classified as simple contract (these not being specialties and under seal) and the time limit for an action founded on simple contract is six years (LA,s5).
Please double check this with a legal expert.
-- M Amos (firstname.lastname@example.org), June 03, 2003.