House repossession cant cope

Have you discussed benefits with CAB? Are you eligible for support for mortgage interest?

The lender, is it a high street bank on your mortgage or a sub prime lender with a second charge?

There will usually be a duty solicitor at the court to help people in your position. They will be familiar with Norgan. Yes it is often possible to stop possession in these circumstances but it will depend on how realistic your income / expenditure is.

If your house is repossessed, then the local council will have to rehouse you tempoarily as your will be in priority need as you have children. They will then make a decision as to whether you have made your self intentionally homeless. From what you have said this sound unlikely. In which case they will rehouse you. You may however be in temporary accommodation for quite a while, your local CAB would be able to say more about the situation in your area.

Strawberryshortcake wrote: »

Hi, my first post and a desperate one, im 40 married with 3 children, we had a suspended possession order on our home beginning of the year, we recently missed a mortgage payment (no funds for said month) therefore solicitors have gone to courts for eviction... received notice for two weeks time. Filled out a request to suspend with the lovely CAB peoples help, and this shows an affordability of £20 left per month, therefore to avoid being "intentially" putting our home at risk, filled for suspension.
What I would like to know is how successful are these appeals, and with a £20 free per month, is it likely the court will allow us to keep our home ? I have no experience with this issue, and im too ashamed to tell our family's. I suffer from depression and have done for a while, this is really knocking the stuffing out of me. Cant eat.. sleep... crying all the while etc . The local council state we have to see what the decision is to see if they will help us as a homeless family without intention if that makes sense. Any help would be appreciated, even if your experience is not a successful one so I can at least prepare myself.
Thank you xx

Hi

Following on from others

I have represented many people at court in similar situations.

Just going on the very limited information you have provided so far

Applications can be successful and often are, lenders are supposed to show forbearance but basically the circumstances of your particular case will come into play)

The CAB should have looked at this properly and calculated the figures within your means and advised you on the court hearing procedure

If the Financial Statement the CAB have drafted looks sustainable and within the Norgan case law then the outcome may well be in your favour depending your circumstances of course

A number of questions however -

What are / were the terms of your original suspended possession order?

What are the level of arrears?

Your lender going for an eviction warrant after one missed (monthly payment) since the original suspended order does seem a little severe (quick) - have you at any time spoken with them prior or after the missed payment?

What are the reasons you missed the payment and is this likely to occur again (are there other debts)?

Have you made any payments towards the mortgage since the missed one?

Are you in a position now to make the payments as set out in your proposals

What is the position regarding equity?

Have you got your hearing date confirmed?

Have you got representation for the application to suspend hearing you have requested? There may be a duty solicitor scheme at the court if the CAB cannot represent, if neither then have you got a local law centre or other agency that can help you at court (you may have had representation at your original possession hearing and know the procedure so apologies if you are already clued up on this).

You / your advisor / representative may be able to reach an agreement to suspend the warrant before the hearing by contacting your lender / lenders solicitor or at the actual hearing before you go into court.

Be prepared for the lenders solicitor objecting to your proposals and this may include putting forward some of the questions above.

The District Judge may also ask questions but will definitely be absolutely fair

Ultimately The District Judge will make the decisions not the lender or their acting solicitor.

Try not to worry (easy said I know) and the best thing you can do is be fully prepared, get to court on time & if possible get representation. Do not take anything for granted or leave to chance.

Link below from the CAB that might help

https://nedcab.cabmoney.org.uk/mortgagearrears.asp

Homelessness code of guidance for local authorities

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/7841/152056.pdf

If you put up further details it may help the good people on here give you further guidance & support

Do keep posting, you are amongst friends on here

If you have any doubts at all or worries contact the CAB again or another relevant agency

Hope the above helps some and wishing you a successful outcome

DC

Sorry to hear about your troubles, I've just recently bought a house and would hate to be to be in a similar position. Obviously no one gets a house just to lose it, having depression doesn't help either. Try to get family/friends involved, if nothing else to them realise how hard it is. Hopefully they can at least look after children or do odd jobs so it free some 'thinking time' for you or appointments at CAB etc.

I throughly recommend the advice given on this forum, it has helped me countless times. Sometimes you don't want to reveal private info to anyone you know and its perfect for remaining anon. Ive probably not said it enough but THANKS MSE!