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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70653
Experience:  Over 5 years in practice
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I am the owner of a shop premises subject to a mortgage to

Customer Question

I am the owner of a shop premises subject to a mortgage to Santander which is in arrears due to non payment of the monthly payments.
Santander have issued a Possession order which is due to be heard on the 8th January. I am now in a position to pay the arrears in full as per the Summons. If this is done will it stop the Possission Order.

Paul Carpenter
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Is this the first time they've applied?

Has there been a rocky payment history?
Customer: replied 3 years ago.


Yes First time.


 


Good for last two years until i was 'signed off' sick due to Parkinson's in March 2013 which was diagnosed 4 years ago. I am still awaiting for any benefits to be paid by the Government under their new scheme.


 


Also my Tenant did not renew their Lease in November 2012


 


I trust this clarifies the position.


 


 


Paul

Expert:  Jo C. replied 3 years ago.
Thanks.

It does not automatically stop the order but you are liable for the arrears in any event.

The best thing to do is pay the arrears and then tell the lender that you will make an application to have the order dismissed if they do not stay the proceedings.

If they ignore the letter or refuse to stay proceedings then you will have to do defend the application

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.


Hi,


 


Do you mean if they refuse to stay proceedings go ahead with an order to dismiss and if so where do i get the forms etc.


 


paul

Expert:  Jo C. replied 3 years ago.
If they will not agree to stay the proceedings then you have to defend them on the day in court.

That is not applying to dismiss though. That is just defending the application.