Ask a Law Question, Get an Answer ASAP!
I was an application to suspend a possession order. This is not the first one. The Judge was very agressive which in my experiece is unusual. The hearing lasted 2 hours. In his summing up he suspended the warrant on two grounds however, when we received the written judgement about amonth later there are a number of statements that he makes (figues, dates etc) that are factually incorrect and he has added two points with regard to a further hearing we have that he did not mention on the day. Firstly, can he do this a secondly, what can I do about it.
The judgement that was handed down on the day did not include two specific points which relate to other charges on the property. The mortagee who is the Claimant in this matter and holds first charge keeps bringing them up pretty much to cloud the issue. The property is worth approx £700k the first charge is about ££350k so penty of equity. The mortagee is on a mission to get us out
Hi yes very significant because it was suspended until a hearing tomorrow, not indef. as such these two points will not doubt be laboured on by the Bank. What I really need to know is can the Judge effectively 'add' these to his Judgement and Directions after the hearing.
Yes they were bought up by the Bank in an attempt to 'blacken' our financial status. They were not however mentioned in the Directions at the time.
No it wasn't I don't think I mean Directions. As I said the 2nd mortgage and a charge on the property was bought up by the Bank at the hearing. When the Judge summed up not mention was made of these however, the written order states that we have to take further information on these matters to the next hearing - if this had been bought up at the hearing we would have objected on the grounds that they are not relevant to the charge the bank holds, as 1st charge holder and equity of about £250k there is no risk to them it is purely a try at blackening our position.
Hi sorry, just to clarify they were bought up at the hearing by the bank but they were not mentioned in the Judgement on the day only the written Judgement which we received about 4 weeks later (3 days ago)