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  • FIRST POST
    • Janejh
    • By Janejh 1st May 17, 9:40 PM
    • 20Posts
    • 24Thanks
    Janejh
    Santander Repossession
    • #1
    • 1st May 17, 9:40 PM
    Santander Repossession 1st May 17 at 9:40 PM
    I have had a mortgage with Santander on the same property since 2006. In 2015 I got into arrears by about £1,000. Santander got a repossession order in approximately June 2015. This was suspended because I repaid my arrears in full. Over the last 18 months or so I have accrued arrears again due to several personal issues - breakdown of my long term relationship, health issues leading to surgery and the subject of harassment and intimidation by a member of staff within the DWP. Due to all this I became very low and unable to cope with spiralling finance issues. The main being mortgage arrears and not looking at all my post. Santander applied to the court and obtain a repossession order. I came home last Wednesday to find my locks change and unable to get any personal items. I hadn't received a notice of eviction. Fortunately my mum lives nearby so I had somewhere for the night. I managed to gain access to my house the next day to get some clothes and a few other possessions. Whilst at my house I thought to check a mail box I have attached to the exterior wall of my house. I looked in it and found a hand delivered letter from the court which turned out to be the notice of eviction.
    I thought this notice had to be handed to me personally or at the very least put through the letterbox in the door. FYI the letterbox in the door is fully functional.
    The agents want everything moved out the house by Friday this week.
    I want to keep my house and I am able to pay the arrears of £1.800 in full and prove my ability to sustain mortgage payments of £75 per month in the future.
    Basically have I any chance of turning this around at all and how do I go about this. Do I need to go straight to the court first or Santander? If it's the court how do word the form N244 to achieve a favourable outcome?
    Life had just started to become manageable and move forward positively and this happens. I would be very grateful for any advice.
Page 3
    • Farmerbob
    • By Farmerbob 12th Sep 17, 10:02 PM
    • 163 Posts
    • 98 Thanks
    Farmerbob
    Fair point.
    I'm NOT claiming to be an expert. I don't wish to argue. What course of action have I asked people to take.
    All I have said is Ring Santander and ask them if they have the ORIGINAL MORTGAGE DEEDS with wet signatures and can they send you the Power Of Attorney.
    You will be able to tell from their response something funny is going on.
    Tell them you wish to sell your house and can the bank guarantee the new buyer will get the original deeds not copies or attested affidavits>. Then come back on the forum. Can I say any fairer than that?
    Originally posted by Matador777
    I'm sure at least in England, most of if not all deeds are electronic so the wet signature is not really relevant. I assume with your argument that you don't directly owe money to Santander as they sold the debt, but then you don't owe the other party and should have your debt wiped? How's your court case progressing, if it's got that far already has the Judge seen any merits to your argument yet?
    Last edited by Farmerbob; 12-09-2017 at 10:05 PM.
    • glosoli
    • By glosoli 12th Sep 17, 10:05 PM
    • 673 Posts
    • 387 Thanks
    glosoli
    This "ease your mortgage" company is all about lining their pockets through the gullible with fees of £260 to initiate a claim which has got no chance in hell of being successful. When something appears too good to be true ...
    • RADDERS
    • By RADDERS 12th Sep 17, 10:34 PM
    • 158 Posts
    • 144 Thanks
    RADDERS
    Fair point.
    I'm NOT claiming to be an expert. I don't wish to argue. What course of action have I asked people to take.
    All I have said is Ring Santander and ask them if they have the ORIGINAL MORTGAGE DEEDS with wet signatures and can they send you the Power Of Attorney.
    You will be able to tell from their response something funny is going on.
    Tell them you wish to sell your house and can the bank guarantee the new buyer will get the original deeds not copies or attested affidavits>. Then come back on the forum. Can I say any fairer than that?
    Originally posted by Matador777
    I thought everything now was done electronically and there are no Deeds, I worked in a Building Society and we have not held deeds for years. We used to hold the Mortgage Deed and if you are selling the property you would not need the original deeds if the property is registered with the land registry.
    A new mortgage deed would be signed by the purchaser with the new lender if there is one.
    • Matador777
    • By Matador777 14th Sep 17, 10:42 PM
    • 24 Posts
    • 0 Thanks
    Matador777
    Done that. Can't see anything more informative than the previous thread here about Legal Quest.



    I've got my own copy. If I didn't, my solicitor has a copy. And if nobody else has, the Land Register has a copy.



    What, this case? Which bits in the judgement help your argument? It even begins with "the court here is dealing with a situation which happily is unusual", and then goes on to point out that "It is clear law, as has been recently reaffirmed by the Court of Appeal in England in Paragon Finance v Pender and Another [2005] 1 W. L. R. 3412 that a legal owner of a charge can part with the equitable interest in it without losing their right to enforce the charge" (my emphasis).
    Originally posted by davidmcn
    I have a the POA that Santander selling the FULL Title to a 3rd party. Everything!
    Believe whatever you like. 12 months from now you will say " Oh s**t that Matador was right! Let me see that thread again. Until then believe in the bank being honest and caring while they allow money laundering from criminals, pay huge bribes, shaft every person who cant fight back!
    • Matador777
    • By Matador777 14th Sep 17, 10:47 PM
    • 24 Posts
    • 0 Thanks
    Matador777
    I'm sure at least in England, most of if not all deeds are electronic so the wet signature is not really relevant. I assume with your argument that you don't directly owe money to Santander as they sold the debt, but then you don't owe the other party and should have your debt wiped? How's your court case progressing, if it's got that far already has the Judge seen any merits to your argument yet?
    Originally posted by Farmerbob
    Do your research, the party who has the original deeds owns the mortgage! Why do people argue and NOT understand. When the mortgage sold the deeds are handed over to the 3rd Party.
    Check Form M395 at companies house and type in Holmes Master Issuer. See the checklist what is a mandatory requirement maybe the penny will drop. You guys really have NO IDEA!
    • Matador777
    • By Matador777 14th Sep 17, 11:02 PM
    • 24 Posts
    • 0 Thanks
    Matador777
    I'm sure at least in England, most of if not all deeds are electronic so the wet signature is not really relevant. I assume with your argument that you don't directly owe money to Santander as they sold the debt, but then you don't owe the other party and should have your debt wiped? How's your court case progressing, if it's got that far already has the Judge seen any merits to your argument yet?
    Originally posted by Farmerbob
    This "ease your mortgage" company is all about lining their pockets through the gullible with fees of £260 to initiate a claim which has got no chance in hell of being successful. When something appears too good to be true ...
    Originally posted by glosoli
    I agree, which is why you can do this yourself. Its NOT worth risking £260, I have the evidence to shaft Scamtander. I assure you, if you can see the evidence that I have you will be shocked. I know of 2 ppl who have NOT paid a Santander for 18 months and 2 years respectively. The banks NOT repossessed their properties. Believe what ever you like. But I assure you everybody will know the truth.Do you know why Abbey and Northern Rock stopped trading and caused the 2007 financial crisis.?
    • Matador777
    • By Matador777 14th Sep 17, 11:10 PM
    • 24 Posts
    • 0 Thanks
    Matador777
    I thought everything now was done electronically and there are no Deeds, I worked in a Building Society and we have not held deeds for years. We used to hold the Mortgage Deed and if you are selling the property you would not need the original deeds if the property is registered with the land registry.
    A new mortgage deed would be signed by the purchaser with the new lender if there is one.
    Originally posted by RADDERS
    The banks top senior directors know how securitisation is done. They sell the mortgages and send off the original deeds to the 3rd party. check companies house form M395. You can see the evidence what happens to original mortgage deeds before 3rd party is issued a certiifcate.
    I have a list of most UK banks and who buys their mortgages. The original mortgage deed is a security. Concealment or destruction is a criminal offence. If you wish to name the Building Society I will tell you who has bought the mortgages and holds the original deeds.
    • glosoli
    • By glosoli 14th Sep 17, 11:28 PM
    • 673 Posts
    • 387 Thanks
    glosoli
    I agree, which is why you can do this yourself. Its NOT worth risking £260, I have the evidence to shaft Scamtander. I assure you, if you can see the evidence that I have you will be shocked. I know of 2 ppl who have NOT paid a Santander for 18 months and 2 years respectively. The banks NOT repossessed their properties. Believe what ever you like. But I assure you everybody will know the truth.Do you know why Abbey and Northern Rock stopped trading and caused the 2007 financial crisis.?
    Originally posted by Matador777
    I don't see why missing mortgage payments is somehow to be lauded or respected,

    After two years of missed secured debt repayments, what chance do these people have should they wish to move house or obtain any other form of borrowing? Their credit histories will be shattered, surely?
    Last edited by glosoli; 14-09-2017 at 11:32 PM.
    • minimike2
    • By minimike2 15th Sep 17, 8:55 AM
    • 1,912 Posts
    • 1,410 Thanks
    minimike2
    Why have the men in white coats not been along for this guy yet?
    I am a mortgage industry professional. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice
    • silvercar
    • By silvercar 15th Sep 17, 10:58 AM
    • 36,063 Posts
    • 152,337 Thanks
    silvercar
    Why have the men in white coats not been along for this guy yet?
    Originally posted by minimike2
    I'm hoping that users can see past the side issue raised by the matador and provide helpful advice to OP.

    I appreciate that it may be a vain hope.
    I'm a Board Guide on the Debate House Prices & the Economy, House Buying, Renting & Selling, Mortgages and Endowments, In My Home incl DIY, Overseas Holidays & Student boards.
    I volunteer to help get your forum questions answered and keep the forum running smoothly.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of moneysavingexpert.com.
    • Matador777
    • By Matador777 15th Sep 17, 10:38 PM
    • 24 Posts
    • 0 Thanks
    Matador777
    I'm hoping that users can see past the side issue raised by the matador and provide helpful advice to OP.

    I appreciate that it may be a vain hope.
    Originally posted by silvercar
    Matador is mad! Until you will ALL find out the TRUTH! Adios!
    • Matador777
    • By Matador777 15th Sep 17, 10:43 PM
    • 24 Posts
    • 0 Thanks
    Matador777
    Why have the men in white coats not been along for this guy yet?
    Originally posted by minimike2
    You are right I should be locked up. That's what the bank thinks too. One day, that I was right all along! Yu have NO IDEA! Adios.
    • Matador777
    • By Matador777 15th Sep 17, 10:46 PM
    • 24 Posts
    • 0 Thanks
    Matador777
    I don't see why missing mortgage payments is somehow to be lauded or respected,

    After two years of missed secured debt repayments, what chance do these people have should they wish to move house or obtain any other form of borrowing? Their credit histories will be shattered, surely?
    Originally posted by glosoli
    Have you ever wondered why Santander have NOT repossessed Mr Carlins house in 4 years. The banks lawyers would be the best in the business! But please be negative and until who find the truth!
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