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Old 07-23-2007, 06:13 PM
Loulla Loulla is offline
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Join Date: Jul 2007
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Contact the mortgage lender to ask them what action to take.
Do this in writing and give a copy of the letter to the other person who is supposed to be making payments.

Keep all proofs of YOUR payments to the mortgage lender for you part of the mortgage, so if it goes to court is won't be defaulted under your name.

The mortgage by law CANNOT be defaulted until a judge has passed an order for this. NOR can the property be re-possessed until the judge has passed an order clearing this, and even then the bailiffs used to possess the property will more than likely be court bailiffs, since the warrant for possession must be given by the District Judge in court.

Before going this far, a hearing will be held where you'll be able to give evidence of your payments, and an suspended possession order will be made, which is when the other person who is supposed to be making payments is ordered to pay a certain amount to clear the arrears on top of the proper amount to be paid. If this is ignored, then it'll go back to court and the bank can apply for a warrant for possession.

This stands in the UK at present. Not sure about anywhere else though!!
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