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Response to Mortgage Shortfall Limitation -12 years or 6 years ?
from Melody (mbc109@york.ac.uk)
Surely if MIG payments are, as lenders continually point out, a
private matter between themselves and the insurers, the entire debt
regardless of any MIG issue is pursuable for 12 years from the default
date. However, any element relating to interest on arrears is, as the
Limitation Act s20 makes clear, limited to 6 years from accrual.
The fact that it is now (a little) clearer that it is the date of
default on the mortgage contract when the clock starts ticking, NOT
the date of repo or sale, should help many people who, like me, tried
desperately but unsuccessfully to pay obscene monthly repayments for
several years in the early 90s. (Gosh Citibank, you really haven't got
very long left to chase me!!)
(posted 8586 days ago)
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