602Payment before hearing

### 602 Payment before hearing > > (1)  If, before the hearing of an application for possession by a mortgagee, the mortgagor pays to the mortgagee the money secured by the mortgage and due and payable, the application is to be dismissed except as to costs. > > > (2)  On proof of the matters set out in [subrule (3)](#GS602@Gs3@EN) , the Court or a judge may order that possession of the property the subject of the application be given to the mortgagee on a date not less than 4 weeks after the hearing of the application as the Court or judge directs if – > > > > > > (a) [subrule (1)](#GS602@Gs1@EN) does not apply; and > > > > > > > (b) the mortgagor does not show good cause why the property should not be recovered by the mortgagee. > > > (3)  The matters to be proved are – > > > > > > (a) service of the application, if the mortgagor does not appear; and > > > > > > > (b) default in the payment of the money due and payable under the mortgage before the application was filed; and > > > > > > > (c) that the money, or part of it, is still due and payable under the mortgage. > > > (4)  The Court or a judge may issue a writ authorising and directing the Sheriff to give possession of the property to the mortgagee unless, before the date referred to in [subrule (2)](#GS602@Gs2@EN) , the mortgagor pays to the mortgagee – > > > > > > (a) the money due and payable under the mortgage; and > > > > > > > (b) the costs of the proceedings.