64D MODULE

Formula 64D

Courts of Justice Act

judgment of attachment in absentia without referral

(title)

(court seal)

judgement

Having read the statement in this suit and evidence of its notification to the defendant(s), which have been filed, and pending that no application for sale has been served or filed, that the defendant(s) (names)) has (has) notified and filed a redemption request, that the default of the defendant(s) has been ascertained, that the account statement has been drawn up in the presence of the plaintiff’s defender (or of the applicant) and of the defendant(s) (if applicable, add: (name) show up in person or no one representing the defendant (nominative)even if he has been served notice to that effect, as evidenced by the deed of notoriety of (nominative) which is archived),

1. I CONCLUDE that the Respondent (name of the holder of the right of redemption) owes the following sums to the plaintiff a (repayment date)on the day fixed by me for payment, under the mortgage contemplated in this action:

2. ORDERED AND TESTED:

a) after the payment of the sum of $…………… (total amount due to fund 1) Neighbor (legal name of financial institution) to (address), to the joint credit of the plaintiff and the Accountant of the Superior Court of Justice (or you local employee);

(b) after the plaintiff has collected the amount due under paragraph 6 of this judgment, together with post-judgment interest,

that no later than (repayment date), the plaintiff transfers to the defendant the mortgaged property described in the attached form (nominative) or complies with the directives of the latter, pursuant to article 2 of the legislative decree Mortgage law, and deliver all the documents relating to the mortgaged property. The loan is dated …………………….., entered into between (mortgage name) et (mortgage lender’s name) and registered (indicate the details of the registration and, if applicable, of the assignment of the mortgage).

(Remove paragraph (b) if the judgment does not order payment of the mortgage debt.)

(If more than one party has the right to redeem the mortgaged property, add 🙂

3. IT IS ORDERED AND JUDGED that the defendant (title holder’s name) has the first right of redemption and that the defendant (nominative) has the second right of redemption (And so on) and that the defendant (name of the holder of the right of redemption) has the ultimate right of redemption.

(Closing in case of non-payment)

4. IT IS ORDERED AND JUDGED that in the absence of the defendant(s) holding a property right and a right of redemption on the mortgaged property described in the attached schedule for payment of the amount requested in provision 2, the defendant(s) is (are) barred from exercising these rights.

(If the sentence provides for possession of the mortgaged property, add:)

5. IT IS ORDERED AND JUDGED that the defendant (nominative) to return to the plaintiff the mortgaged property or the part thereof which he owns without delay, or to comply with the latter’s instructions.

(If the judgment orders the payment of the mortgage debt, add the following two provisions:)

6. IT IS ORDERED AND JUDGED that the defendant (nominative) immediately pay the plaintiff the sum of $……………, which constitutes the amount owed to the plaintiff today by way of principal, interest and expenses.

THIS JUDGMENT IS CONSTITUTED OF INTEREST at the annual rate of ……………………. per cent (rate requested in the declaration) from the return date.

(The description of the mortgaged property in the attached form must be the same as that in the declaration.)