AFFADAVIT FOR POSSESSION ORDER CONTAINS A COPY OF TERMS OF ADVANCE FOR A PROPERTY WHICH SELLER PULLED OUT OF BEFORE MORTGAGE WAS COMPLETE. THERE IS NO TERMS OF ADVANCE FOR MY CURRENT PROPERTY. COULD THIS GO IN MY FAVOUR ? ALSO AFFADAVIT IS MISSING THE LAST PAYMENT MADE WHICH WAS CREDITED IN THEIR ACCOUNT ON 31/03/99 VIA CHEQUE WHICH WAS PAID IN THEIR ACCOUNT ON THE 27/03/99. HOW DO I MENTION THIS TO THE DISTRICT JUDGE AS THE ARREARS FIGURES ARE WRONG.

-- marie (poppy62@poppy62.freeserve.co.uk), April 06, 1999

Answers

You mention it to the judge in court, although in your case I suspect you would be better off having a solicitor present in court to mention it for you.

To get the low-down on your legal rights I think it might be better to go to a solicitor first as your individual circumstances strongly affect the advice anyone could give.

-- Lee (repossession@bigfoot.com), April 07, 1999.

In this case I agree with lee,s answer at present am looking at various cases with similar points for research.

The fact that your orginal offer of terms of advance does not hold in many courts-The fact that you signed the DEED is acceptace of your mortage terms and indeed many lenders have a mortgage offer, seperate -which once you have signed -funds are sent to your solicitor-this being acceptance-the deed is then signed after and lodged at the Land REG as a legal charge on your property usually called the instrument in sofar it gives the Lender the power.You may have already signed the deed undated the date it is then filled in on completion by your solicitor Many lenders will aver that the solicitor is the legal person responsible for this part and the only part they are interested in is as regards the Borrower is the signing of the offer-they expect the solicitor to do the following on procedure re the deed

Although in saying this many lenders used to use the Deed only as acceptance-so you could sign the Deed many weeks before infact in remortgage case this tended to be the norm at your Solicitor and then after completion the Solicitor added the date a practice which lends its self wide open to errors and abuse by various parties as you never had sight of the deed again-so did not know what date was on the deed and completion could be weeks out and the clent would not know There is infact a test case on this at the moment

With regard to one payment they tend to look at the overhaul figure but as i have stated many times on this Q & A section if figures are indoubt a good accountant who is use to this sort of problem is worth his weight in gold-for for he is only interested in figures and not the case so his report can be unbiased.

hope this helps and also to anyone similar Question

Regards

Charles Twford

-- charles twford (charles.twford@lineone.net), June 08, 2000.