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Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.13(3) provides that:
‘Where an application for a financial remedy includes an application relating to land, the applicant must serve a copy of the application on any mortgagee of whom particulars are given in the application.’
See Practice Note: Service in financial proceedings, in particular the section on Service on third parties.
FPR 2010, SI 2010/2955, 9.13(3) would appear to apply whether the matter is agreed by consent, or determined by the court. FPR 2010, SI 2010/2955, 9.13(4)–(7) provide that the mortgagee will, following service, have the opportunity of being heard within the proceedings, if it so chooses. The mortgagee may make a reque
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