- tocCivil Procedure Rules
|Contents of this Part|
|Scope of this Part||Rule 66.1|
|Mortgage claim to be by fixed date claim||Rule 66.2|
|Evidence at first hearing||Rule 66.3|
|Claim for possession or payment of mortgage debt||Rule 66.4|
- This Part deals with claims by a mortgagor or mortgagee for any of the following forms of relief –
- delivery of possession by the mortgagee;
- payment of moneys secured by a mortgage;
- possession of a mortgaged property;
- reconveyance of the property or release from the mortgage;
- redemption of a mortgage; and
- sale of a mortgaged property.
- In this Part —
- “mortgage” includes a legal or equitable charge and a legal or equitable mortgage;
- “mortgage claims” means the claims by a mortgagee or mortgagor for any of the forms of relief referred to in paragraph (1);
- “mortgagee” means the person to whom the mortgage was granted; and
- “mortgagor” means the person who has granted a mortgage of the mortgaged property.
- This Part does not apply to Saint Lucia.
- This Part does not affect any procedure under any enactment relating to the registration of title to land unless court proceedings are taken.
- A mortgage claim is made by issuing a fixed date claim in Form 2.
- Notice of the claim must be given to all other mortgagees of the land.
- Rules 8.1 and 27.2 deal with the procedure relating to fixed date claims.
- A claimant who seeks final judgment at the first hearing must –
- file evidence on affidavit in support of the claim;
- serve –
- a copy of the affidavit but not the exhibits; and
- a notice stating what relief is sought; with the claim form; and
- file a certificate of service not less than 7 days before the first hearing.
- Rule 28.16 enables a party to require copies of any document referred to in an affidavit.
- 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 by affidavit –
- exhibiting a copy of the original mortgage;
- exhibiting a copy of any other document which sets out the terms of the mortgage; and
- giving particulars of –
- the amount of the advance;
- the interest payable under the mortgage;
- the amount of any periodic payments required to be made stating whether or not such payments include interest;
- the amount of repayments that have been made;
- the amount of any repayments or interest due but unpaid at the date of the claim and at the date of the affidavit;
- the amount remaining due under the mortgage; and
- if the claim includes a claim for interest to judgment – the daily rate at which such interest accrues.
- If the claimant seeks possession of the mortgaged property, the claimant must also file with the claim form evidence by affidavit –
- giving details of any person other than the defendant and the defendant’s family who to the claimant’s knowledge is in occupation of the mortgaged property; and
- stating the circumstances under which the right to possession arises.
- If the mortgage creates a tenancy other than a tenancy at will between the mortgagor and the mortgagee, the affidavit must show how and when the tenancy was determined and if by service of a notice when and how that notice was served.