repossession looming,what will happen?

elise72

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milliemonster

I think you need to get professional advice and fast before you just 'give up', if your house is repossessed and then sold for less than you owe on it, both you and you ex will be jointly liable for the shortfall, plus interest, plus fees etc and you could still owe thousands, plus they have the right to come back to you for this for up to 10 years after the repo I think. It isn't just as easy to think 'oh well I'll give up the house and that's the end of it'

Can you post up an SOA so we can see if there is anyway we can help you to budget to try to relieve this situation?

ajaney

Hi

Sorry to hear of your situation.

Was your husband required to pay half the mortgage as part of a divorce settlement? You may have legal redress if this was the case? I'm not an expert on such matters but I would think you should seek advice from a solictor or Citizens advice bureau.

When I was 10 years old, my family home got reposessed as my Dad's business folded. I remember that he took the eviction notice to the council office & they organised a home for us 2 days before the date we had to leave the house by. Are there any children at home with you?

In_Search_Of_Me

please ring one of the free agencies (tab at top of page) for advice tomorrow if you can...they will be able to help you - just dont go to the ones advertising on tv cos they just want to make money! you need to take control and make informed choices and they will help you to do that..hugs for you

heres a linky...
http://www.moneysavingexpert.com/loans/debt-help-plan#help

Merlot

it is very doubtful you will be offered a council house as you have been made "intentionally homeless", you need to think long and hard about this, you need to save money for a private rental.http://england.shelter.org.uk/get_advice/advice_topics/homelessness/help_from_the_council/what_the_council_will_check/intentional_homelessness

ajaney

Merlot wrote: »

it is very doubtful you will be offered a council house as you have been made "intentionally homeless", you need to think long and hard about this, you need to save money for a private rental.http://england.shelter.org.uk/get_advice/advice_topics/homelessness/help_from_the_council/what_the_council_will_check/intentional_homelessness

Hi Merlot

My understanding of the OP's situation is that her ex-husband has stopped paying his half of the mortgage & she is unable to keep up the payments despite her best efforts - I have had a quick look at the link you posted but I am still of the opinion that the OP has not/will not be making herself intentionally homeless.


I guess we could do with a little more info from Elise to clarify.

Merlot

Please seek legal advice tomorrow on your situation, you usually can get half an hour free consultation.

Do you have mortgage protection insurance or anything? Daft question I know but ....

Will the DSS not pay the mortgage interest for you, if you are unemployed?

Merlot

ajaney wrote: »

Hi Merlot

My understanding of the OP's situation is that her ex-husband has stopped paying his half of the mortgage & she is unable to keep up the payments despite her best efforts - I have had a quick look at the link you posted but I am still of the opinion that the OP has not/will not be making herself intentionally homeless.


I guess we could do with a little more info from Elise to clarify.

I agree with you, but the council will not, I know only too well I'm afraid, my sister had the same issues with her husband after her divorce, and if you recall Mumoftwins thread from some months ago, she had to fight tooth and nail with her council and she had dependant twins and still lost the appeal. She was eventually housed by a charity, I believe.

ajaney

elise72 wrote: »

milliemonster and ajaney thanks for replying, i have tried everything, my ex is just being so difficult that i cannot do anything without his agreement,(because its a joint mortgage), even though he was the one who had the affair and i divorced him. The house has been on the market for a few months and he has ignored all EA requests to lower the price for a quick sale,and he is ignoring all letters from the bank warning him of repossession.There was no divorce settlement because he was being so awkward that my solicitor advised me to just go ahead with the decree absolute, (we have no children after 18 years together) but i do have a 20 year old son from a previous relationship. I just can't do anything to get through to him. Unfortunatly i lost my business a few months before i found out about him and the OW so at the moment i am on jsa.

Thanks for the extra information.

As you do not appear to have an official divorce settlement, I think you will need to take some legal advice, either through the solicitor who advised you on your divorce or the CAB.

Your rotten ex-husband would be jointly liable for any shortfall/costs should the worst happen & the house be repossessed - small comfort to you, I am sure.

You could also talk to the housing department of your local council to see what help they can give you as you are on JSA.

Again, sorry to hear of your plight.

Merlot

You mention you have a son, does he live with you, could he help in the meantime towards the mortgage?

How much do you owe on the mortgage and how much is your house worth? bearing in mind the current climate.

Are you sure you are receiving all the benefits you are entitled too? they seem really really low.

If you saw a solicitor, you might just find a way round this, your OH needs to reduce the price and get the property sold, does he not understand that he will be liable for half the costs of the repro and it will knock both of your credit ratings. Where does he live now? If the house is repro'd, he can kiss the idea of a mortgaged home for the next 6 years at least.

Merlot

Go to the solicitor in the morning and see if she/he can make him reduce the house price.

You need legal advice and quick.