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Can a fundamental breach of a mortgage contract be rectified ?

  • 27-01-2017 4:46pm
    #1
    Registered Users Posts: 88 ✭✭


    I was wondering can such a fundamental breach be rectified by the lender without the injured party's full consent. Does the fundamental breach have to be highlighted to the borrower, or can the lender remedy the said breach ( without highlighting same to the borrower ) and get the borrower to sign a new contract/agreement during a regular review of the contract/agreement ?


Comments

  • Registered Users, Registered Users 2 Posts: 20 ReddySteady


    If the fundamental breach of the contract (unilateral change in a term etc.) subsequently becomes a term or condition within the mortgage contract without the expressed consent of the other parties to the contract, then, from this particular point in time, the innocent parties have the right to terminate. The contract is void in futuro from this point onwards. I am intrigued, what is the specific scenario?


  • Registered Users Posts: 88 ✭✭Forbearance


    If the fundamental breach of the contract (unilateral change in a term etc.) subsequently becomes a term or condition within the mortgage contract without the expressed consent of the other parties to the contract, then, from this particular point in time, the innocent parties have the right to terminate. The contract is void in futuro from this point onwards. I am intrigued, what is the specific scenario?

    Thanks, ReddySteady, it's an Ulster Bank mortgage. Currently making good headway regarding same, might pm you to discuss.


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