Form 64M
Courts of Justice Act
default judgment for redemption
(General heading)
(Court Seal)
judgment
On reading the statement of claim in this action and the proof of service of the statement of claim on the defendant(s), filed, and the defendant(s) having been noted in default,
1. IT IS ORDERED AND ADJUDGED that all necessary inquiries be made, accounts taken, costs fixed or assessed and steps taken for the redemption of the mortgaged property described in the attached schedule, and that for this purpose this action be referred to the master (or as may be) at (place).
2. IT IS ORDERED AND ADJUDGED that, on the plaintiff paying to the defendant (name of mortgagee) the amount found due on the mortgage in question, or, if nothing is found due, then forthwith after the confirmation of the report on the reference, the defendant convey the mortgaged property to the plaintiff or as the plaintiff directs, in accordance with section 2 of the Mortgages Act, and deliver up all documents relating to the mortgaged property.
3. IT IS ORDERED AND ADJUDGED that if the plaintiff defaults in payment of the amount found due to the defendant (name of mortgagee), the defendant is entitled, on motion without notice, to a final order of foreclosure against the plaintiff or to an order dismissing the action with costs.
4. IT IS ORDERED AND ADJUDGED that if nothing is found due to the defendant (name of mortgagee), the defendant pay the plaintiff’s costs of this action and, if any balance is found due from the defendant (name of mortgagee) to the plaintiff, that the defendant pay the balance to the plaintiff forthwith after confirmation of the report on the reference.
THIS JUDGMENT BEARS INTEREST at the rate set out in the report on the reference from the date of confirmation of the report.
Date |
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Local registrar |
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Address of |
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(The description of the mortgaged property in the attached schedule must be the same as in the statement of claim.)
RCP-E 64M (November 1, 2005)