The Rules of the Supreme Court (Northern Ireland) (Amendment No. 2) 1999

Mortgage actions

9.—(1) Order 88 shall be amended as follows—

(a) after rule 4 there shall be inserted the following new rule—

“Claim for possession of dwelling: notice to defendant in default of payment

4A.— (1) Where the plaintiff—

(a) claims in a mortgage action delivery of possession of land comprising or including a dwelling-house because of failure to pay moneys secured by the mortgage; or

(b) applies for the removal or variation of a stay or suspension contained in an order for delivery of possession made as a result of such a claim in a mortgage action,

he shall, when serving a copy of the notice of appointment or when serving any summons (not being an originating summons) for such a claim or application, also serve on the defendant a notice in Form 10A in Appendix A.

(2) Paragraph (4) of rule 4 shall apply to service of a notice under this rule as it applies to service under paragraph (2) or (3) of that rule.”;

(b) in rule 5, for paragraph (6) there shall be substituted the following new paragraph—

“(6) Where the plaintiff claims payment of moneys secured by a mortgage, the affidavit must show how the payment is calculated, including—

(a) the amount of the advance and the amounts and dates of any periodic payments and any interest claimed;

(b) the amount which would have been paid (after taking into account any adjustment for early settlement) in order to redeem the mortgage at the date of commencement of the proceedings and at a stated date not more than 14 days after the date of commencement of the proceedings, specifying the amount of the solicitor’s costs and administrative charges which would be payable;

(c) the dates between which a particular rate of interest applied, the number of days in that period and the capital on which the interest was calculated.”.

(2) In Appendix A there shall be inserted after Form 10 new Form 10A as set out in Schedule 2 to these Rules.