Mortgagees are increasingly reluctant to disclose the balance outstanding to them when...
Mortgagees are increasingly reluctant to disclose the balance outstanding to them when asked to do so by a judgment creditor who is seeking an order for sale following a final charging order. What is the most efficient means of procuring this information (which should be supplied in the supporting evidence)?
The combined effect of CPR PD73 paras 4.3(4) and 4.4 is that the claimant must have taken all reasonable steps to find out the amount owed to each creditor. If the debtor declines to provide the claimant with an appropriate authority and the creditor will not cooperate then the claimant has discharged his responsibility. Of course, the claimant may wish to ascertain the amount of indebtedness to prior chargees before deciding how far down the order for sale road it is commercially viable to go. In that event, the claimant might make a third party disclosure application before or in the course of order for sale proceedings. An alternative and more robust approach might be to ask the lender’s chairman to ask an
