Mortgage: Suspended possession order
| Published date | 21 March 2018 |
| Subject Matter | Chancery forms |
Mortgage: Suspended Possession Order CH 22
IN THE HIGH COURT OF JUSTICE Claim No. -
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
[ LIST](ChD)
Master [name]
[Day, month, year]
B E T W E E N:
ABCDEFG
Claimant
-and-
HIJKLMNOP
Defendant
_________________________________________
ORDER
_________________________________________
UPON the application of the [party] by Notice dated . . .
AND UPON HEARING [names of the advocates and/or those given permission to address the court] for the Claimant / the Defendant
AND UPON READING a Charge Certificate relating to a Mortgage dated (date)
IT IS ORDERED that
(1) unless he makes the payments set out in (2) below the Defendant must
within days after being served personally / through the post with a copy of this Order give the Claimant possession of (details of property)
(2) this Order is suspended, and is not to be enforced, if the Defendant makes the following payments to the Claimant at the time specified below:
(a) £ on or before (date)
(b) £ on the day of every month being in part his continuing monthly mortgage instalments and in part the arrears until all the unpaid instalments have been paid. OR
(c) £ on the day of every month towards the arrears of mortgage instalments until they have been paid and all future monthly mortgage instalments as they become due on the day of each month
(3) this order shall be served by the Claimant on the Defendants
NOTE
Enforcing the Order
If the Defendant does not make any of the payments the Claimant may apply to the Master at a further hearing, notice of which has been given to the Defendant, for permission to make the Defendant leave the property.
Service of the order
The court has...
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