If they cannot prove that a mortgage was held can I write off the debt

greenspun.com : LUSENET : Repossession : One Thread

I was taken to court in march by my mortgage company. They were claiming the full 60000 owing including the arrears. I requested discovery of all relevant documents, in other words to prove the debt. Nothing was sent. I turned up on the day only to find the case had been adjourned. Four months later the case was reinstated this time they were asking for just the arrears to be repaid. I again asked for discovery. No documents were forthcoming. When I attended court the company did not show up and the judge just drew a line through the court papers and said action struck off. I am beginning to think that the company has lost the relevant documents proving that they are owed money on the mortgage. I was wondering if they have will I no longer be liable for the mortgage?

-- Gary White (gjw2000@aol.com), September 24, 2004

Answers

you need to check land registry and charges registry. If there is no charge registered to them and they cannot produce a mortgage deed then I guess it could be christmas. However don't take this a s gospel. Get your sloicitor to do the searches as if someone were buying the property. Fingers crossed

-- roger watts (r.watts40@ntlworld.com), October 06, 2004.

Moderation questions? read the FAQ