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Response to Suspended Possession Orders
from Too scared to say (iwasduped@yahoo.com)
Couple of things - you are the mortgagor (the Lender is the mortgagee)
and yes, the Court should have notified you of the hearing, which I
suspect it did at the repossessed address they were given. You have to
prove that the Lender intended to deprive you of your right to attend
- which, I have to tell you, will be a toughie. The other option is to
apply to have to the order set aside (the most simple route I think),
if you can prove that the Lender knew where you were. What will happen
is that the Court will say that you should have been aware of the
proceedings anyway if you were in contact with the Lender, but they
may consider your application on the grounds that there is some doubt.
Be aware that they don't have to consider it at all, depends on the
circuit judge. They're not a very sympathetic lot.
(posted 8661 days ago)
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