Ask a Law Question, Get an Answer ASAP!
Good afternoon. I will assist with your question - be aware this is an email not chat service.
can you give me the background to your question please
This is a public forum but no one knows who you are, or where you are, including me.
The mortgagor is the borrower and the mortgagee is the lender.
Lenders would normally have a legal charge rather than an equitable one. If you can let me have the full detail, I can expand my reply.
I would need to see the title deed please and have the full background because it’s very difficult to answer what is in effect a hypothetical question.
Your question is quite simply whether the lender could just take the borrower to court to repossess the property just because the borrower is in default and whether he could do so without giving notice of the application, he can do what he likes BUT if he hasn’t give notice he risks having his claim struck out and having costs awarded against him for unreasonable conduct.