MORTGAGE FORECLOSURE PROCEEDINGS
The time taken between receipt of instructions and conclusion of the matter will depend on a wide variety of factors, including whether:
-> clarification of instructions is necessary and there is no delay in receipt of instructions throughout the process
-> an early Commercial Court date is obtained
-> service of the writ is effected in time for the first Commercial Court hearing date
-> substituted service is necessary
-> instructions are received to place the matter on hold at any stage
->judgement is obtained by default or consent, or the proceedings are defended
-> there are delays in having the registry enter judgement
-> there is a stay of execution
-> execution proceedings are necessary
-> there are delays at the registry in processing the execution documents
-> in the event of executions proceedings, the sale is advertised without delay
-> in the event of sale at execution, there is an adequate bid
-> in the event of the property being sold at execution, the purchaser makes payment on time
-> there is an application for judgement to be set aside, stay of execution or stay of sale
In a completely straightforward matter in which judgement is obtained on the first hearing date, the order is entered expeditiously, execution proceedings are instituted as soon as the judgement is entered, there are no delays in processing the execution documents, effecting the levy and advertising the sale, and the property is sold at the first sale at which it is advertised and the purchase price is paid within the 6 month period (assuming the property is immovable), the following time periods are likely:
-> between receipt of instructions (and assuming that they include the sending of a 7 day letter of demand before action) and filing of the writ: approximately 2 weeks
-> between filing the writ and default or consent judgement: approximately 6 weeks
-> between obtaining judgement and getting it entered: 2-4 weeks
-> between receipt of execution and instructions and documents in order for levy: 3-6 weeks (but considerably longer if the encumbrance has to be noted in the New Amsterdam or Anna Regina Registry
-> between levy and sale at execution: 2-4 months
-> between sale and execution and receipt of net proceeds of sale: 1-7 months
The basic procedure is as follows:
-> Instructions received either to issue proceedings immediately or to send letter of demand and issue proceedings if demand not met; original security documents and copies of any guarantees and title document enclosed
-> If required letter of demand sent
-> Letter to you with copy letter of demand (if required) and authority to attorneys-at-law for signature and return
Writ prepared and filed on receipt of authority
-> Letter to you with confirmation of filing, Commercial Court date and request to arrange for service; affidavit verifying claim enclosed for execution and return
-> Affidavit verifying claim filed on receipt
-> On receipt of advice that service effected, check made to ensure return of service written up
-> Attendance in Commercial Court obtaining judgement
-> Drafting and laying over judgement and having same entered
-> Letter to you with copy of judgement
-> Letter to defendant with copy of judgement and demand for payment or reminder that payment to be made by end of stay period
-> Certified copy of judgement laid over at the registry by way of service on defendant who has not appeared
-> Instructions received to institute execution proceeding
-> Letter to you with affidavit of proof of title for execution and return
-> Request for writ of execution, writ of execution and instructions to levy prepared and filed
-> Affidavit of proof of title filed on receipt
-> Checks made on issue of writ and noting of encumbrance
-> Letter to you advising documents in order for levy (with copies of documents if required)
-> On receipt of advice that levy effected, letter to the registrar requesting advertisement of sale at execution
-> Gazettes checked for advertisement of sale
-> Letter to you advising of date of sale
-> Letter to the Commercial Court judge’s registrar indicating that we would like an opportunity to be heard in the event of an application for stay of sale
-> Attendance at execution sale
-> Letter to you reporting on execution sale
-> Checks at the registry regarding payment of the purchase price
-> Uplifting cheque for net proceeds of sale and remitting to you
Our schedule of fees for collection matters is enclosed separately. In the event that proceedings are defended and go to trial, we reserve the right to charge at our hourly rate, and the same applies in the case of an appeal.