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69.1 (1) This part deals with claims by a mortgagor or mortgagee for

any of the following forms of relief -

(a) payment of moneys secured by a mortgage;

(b) sale of a mortgaged property;

(c) foreclosure;

(d) possession of a mortgaged property;

(e) redemption of a mortgage;

(f) reconveyance of the property or release from the

mortgage; and

(g) delivery of possession by the mortgagee;

which are referred to in this part as "mortgage claims".

(2) In this part -

"mortgage" includes a legal or equitable mortgage and a

legal or equitable charge; and

"mortgagor" means the person who has granted a mortgage

of the mortgaged property; and

"mortgagee" means the person to whom the mortgage was

granted.

Mortgage claim to be by way of fixed date claim

69.2 A mortgage claim is made by issuing a fixed date claim.

(the procedure relating to fixed date claims is dealt with in rules 8.1(4) and 27.2)

Evidence at first hearing

69.3 If the claimant seeks final judgment at the first hearing he must -

(a) file evidence in support of the claim; and

(b) serve -

(i) a copy of the evidence but not the exhibits; and

(ii) a notice stating what relief he intends to seek,

with the claim form; and

(c) file a certificate of service not less than 3 days before the first

hearing.

Claim for possession or payment of mortgage debt

69.4 On a claim for possession of the mortgaged property or for payment

of the mortgage debt the claimant must file with the claim form evidence -

(a) exhibiting a copy of the original mortgage;

(b) exhibiting a copy of any other document which sets out the

terms of the mortgage;

(c) giving particulars of -

(i) the amount of the advance;

(ii) the interest payable under the mortgage;

(iii) the amount of any periodic payments required to be

made stating whether or not such payments include

interest;

(iv) the amount of repayments that have been made;

(v) the amount of any repayments or interest due but

unpaid at the date of the claim and at the date of the

affidavit;

(vi) the amount remaining due under the mortgage; and

(vii) where the claim includes a claim for interest to

judgment the daily rate at which such interest

accrues; and

(d) where the claimant seeks possession of the mortgaged

property -

(i) stating the circumstances under which the right to

possession arises; and

(ii) giving details of any person other than the defendant

and his family who to the claimant's knowledge is in

occupation of the mortgaged property.

(e) If the mortgage creates a tenancy other than a tenancy at will

between the mortgagor and the mortgagee, the affidavit must

show how and when the tenancy was determined and if by

service of a notice when and how that notice was served.