Statute Barred Mortgage

Sam_Cat

Hi,
I saw Dark Convict’s post on 27 April – Once Statute barred always Statute barred.
Would this apply to mortgages under the 12-year limitation section also as I seem to be being told any communication by the mortgagor to the mortgagee that refers to the mortgage will reopen the period. I can understand that the 12-year Statute does not cancel the debt, merely cancels the ability of the mortgagee to reclaim the money. Is there anywhere within the law that makes this clear or would it be something that has been determined by case law.
Any comments or help would be appreciated. Sam Cat

DarkConvict

If you write to the creditor that you owe the mortgage too, and in the letter acknowledge the debt in writing it will restart the clock.

You have not gone into great detail, is this a mortgage short fall? - http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=11_mortgage_shortfalls

THE LEGAL POSITION UNDER THE LIMITATION ACT
There has been a lot of confusion about how long the lender has to pursue you for a mortgage shortfall under the Limitation Act 1980. This has now been clarified by the Court of Appeal in the cases of Bartlett v Bristol & West plc, Paragon v Banks and Halifax v Grant. The court decided that the limitation period for mortgage lenders trying to recover mortgage shortfall debts is 12 years under Section 20 of the Limitation Act 1980.