The bank sought possession and the owner’s guardian filed a defence and cross-claim, months before the owner died. The court allowed 28 days for a person with an interest in defending the claim to come forward and no one did. However the owner’s son then came forward and requested an adjournment so that he could replace the guardian on the basis that he would repay the mortgage debt and pursue the cross-claim but he had no money with which to do so. The court refused the adjournment because of the real risk of erosion of equity and granted possession.
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