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Defenses TO MORTGAGE POSSESSION CLAIMS Richard Turney1. This paper attempts to give an overview of some of the defenses which might be raised to a mortgage possession claim. It is expressly intended

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How to fill out defences to mortgage possession

How to fill out defences to mortgage possession?

01

Gather all necessary documents: Start by collecting all relevant documents related to your mortgage agreement, including the mortgage contract, payment history, and any correspondence with the lender. This will help you understand the specifics of your case.

02

Review the grounds for defence: Familiarize yourself with the grounds for defence to mortgage possession. These may include disputes over loan terms, breach of contract, unfair lending practices, or any other legal issues that could invalidate the possession claim.

03

Consult legal advice: It is highly recommended to seek legal advice from a qualified professional who specializes in mortgage law. They can guide you through the process, assess the strengths and weaknesses of your case, and help you construct a strong defence.

04

Draft your defences: Based on the grounds for defence and the legal advice received, begin drafting your defences to mortgage possession. Organize your defences into separate points, clearly stating the reasons why the lender should not be granted possession of your property.

05

Present your defences: Once you have prepared your defences, submit them to the court handling your mortgage possession case. You may need to adhere to specific formatting or filing requirements, so ensure you follow all instructions provided by the court.

Who needs defences to mortgage possession?

Individuals who are facing a mortgage possession situation may need defences to protect their property. This can include homeowners who are behind on mortgage payments, have had issues with their lender, or believe that their possession claim is unfounded. It is crucial to evaluate the circumstances of the case and consult legal advice to determine if defences to mortgage possession are necessary and appropriate.

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