On a claim for possession of the mortgaged property or for payment of the mortgage debt, the claimant must file with the claim form evidence-
----(a) exhibiting a copy of the original mortgage;
----(b) exhibiting a copy of any other document which sets out the terms of the mortgage;
----(c) giving particulars of-
--------(i) the amount of the advance;
--------(ii) the interest payable under the mortgage;
--------(iii) the amount of any periodic payments required to be made stating whether or not such payments include interest;
--------(iv) the amount of repayments that have been made;
--------(v) the amount of any repayments or interest due but unpaid at the date of the claim and at the date of the affidavit;
--------(vi) the amount remaining due under the mortgage; and
--------(vii) where the claim includes a claim for interest to judgment, the daily rate at which such interest accrues;
----(d) where the claimant seeks possession of the mortgaged property-
--------(i) stating the circumstances under which the right to possession arises; and
--------(ii) giving details of any person other than the defendant and his family who to the claimant's knowledge is in occupation of the mortgaged property; and
----(e) if the mortgage creates a tenancy other than a tenancy at will between the mortgagor and the mortgagee, showing how and when the tenancy was determined and if by service of a notice when and how that notice was served.
Notes
Back to Part (69. Mortgage Claims)