559. Mortgagor must be likely to be able to pay sums due within a reasonable period.

559.     Mortgagor must be likely to be able to pay sums due within a reasonable period.

The court may exercise its powers to suspend or adjourn a possession order only where it appears to it that in the event of its exercising them the mortgagor is likely to be able within a reasonable period to pay the sums due under the mortgage1. The starting point for assessing what is a reasonable period2 is the remaining term of the mortgage3. It is not proper for the court to make an order for payments which the mortgagor cannot afford