Apologies if this is high jacking this thread, but I have exactly the same question as the OP.
I recently got a letter from Capita, who are managing my mortgage on behalf of "Promontoria (Pluto) Ltd." (aka Cerberus, apparently) who purchased it from Danske. It includes the charming statement: "If proceedings seeking possession of the mortgaged property are initiated against you, substantial costs may be incurred which will be payable by you in addition to the amount due on your loan". They then go on to estimate these costs to between €4,000 and €40,000, and state "….you will remain liable for the outstanding debt, including any accrued interest, charges, legal, selling and other related costs".
I’ve checked he original loan agreement. There’s no specific clause related to this in the general conditions, but in the section "Statutory Notices and Other Warnings", it includes the statement "If we have to enforce our mortgage or take legal proceedings against you will be liable be liable to pay all costs incurred by us in such enforcement and proceedings". [Side note: I’ve just noticed in copying that statement out that it is missing a word, rendering it pretty meaningless, but I’ll ignore that and assume it’s valid].
So, the question is will I have to pay any such costs if they are incurred, and if so in what circumstances?
I’m no lawyer, but I’d suggest an assertion I would be liable to pay is not the same as agreeing to pay a specific amount, and any such costs are definitely not something that can be just added on to the (secured) amount of the mortgage itself. Would any such liability only become effective if ordered to pay by a court?
I recently got a letter from Capita, who are managing my mortgage on behalf of "Promontoria (Pluto) Ltd." (aka Cerberus, apparently) who purchased it from Danske. It includes the charming statement: "If proceedings seeking possession of the mortgaged property are initiated against you, substantial costs may be incurred which will be payable by you in addition to the amount due on your loan". They then go on to estimate these costs to between €4,000 and €40,000, and state "….you will remain liable for the outstanding debt, including any accrued interest, charges, legal, selling and other related costs".
I’ve checked he original loan agreement. There’s no specific clause related to this in the general conditions, but in the section "Statutory Notices and Other Warnings", it includes the statement "If we have to enforce our mortgage or take legal proceedings against you will be liable be liable to pay all costs incurred by us in such enforcement and proceedings". [Side note: I’ve just noticed in copying that statement out that it is missing a word, rendering it pretty meaningless, but I’ll ignore that and assume it’s valid].
So, the question is will I have to pay any such costs if they are incurred, and if so in what circumstances?
I’m no lawyer, but I’d suggest an assertion I would be liable to pay is not the same as agreeing to pay a specific amount, and any such costs are definitely not something that can be just added on to the (secured) amount of the mortgage itself. Would any such liability only become effective if ordered to pay by a court?