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    john caldwell's Avatar
    john caldwell Posts: 1, Reputation: 1
    New Member
     
    #1

    Mar 26, 2016, 06:59 AM
    Mortgage default
    What are the implications when a mortgage compant fails to issue a default notice (scotland)
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #2

    Mar 26, 2016, 08:35 AM
    Hypotheticals are never easy to answer.
    The lender can claim that they have issued anything they want, and that the recipient did receive the notices. Or that an address changed, etc.
    A court will not look kindly on the person who defaulted.
    Please tell us details.
    ma0641's Avatar
    ma0641 Posts: 15,675, Reputation: 1012
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    #3

    Mar 26, 2016, 09:40 AM
    I would talk to a real estate barrister in Scotland.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Mar 27, 2016, 05:33 AM
    As Joy said, more info is needed. But basically, if this comes to court, and you claim you didn't get a notice, the lender will claim it was sent. Plus the fact that you would know whether you paid, it is unlikely to have much impact on a any court case.

    You know you have the mortgage and when payments are due. It is your responsibility to make the payments. Payment due notices, late notices are generally a courtesy on the part of the lender.

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