Question about repossession

fergusor

Hi Guys,

I spoke to the CCCS yesterday and I've now decided I'm going to take the br route.

My only problem is I have a mortgage with an ex-partner and he's no longer living in the property. I've decided that I'm going to leave the house and include the shortfall for me in the br.

The CCCS suggested voluntarily repossessing the house but that my ex-partner would need to sign also to have it repossessed. I'm concerned that he won't agree to the repossession, so what position would that leave me in? He won't be able to pay the mortgage or arrears so I'm thinking of leaving it and having it forcefully repossessed.

I had a call from a solicitor today saying the account has been passed to them, how long would it take for repossession from now?

Thanks guys,
Richard.

skylight

If you go BR, then your liabililty to any shortfall goes into the BR. The actual £ shortfall will fall to your Ex if you go BR. So its not your problem if the place is repossessed or not.

Without any mortgage being paid, then the mortgage provider will force a repossession anyway - this can take anything from a few months to a year. If the solicitor rings again, tell them you are going BR and if they want to repossess then you suggest they start the ball rolling sooner rather than later.

debt_doctor

fergusor wrote: »

The CCCS suggested voluntarily repossessing the house but that my ex-partner would need to sign also to have it repossessed.

I would advise you to sign NOTHING re voluntary possession. Might aswell just let the house go, if thats what you want. It could take several months for the possession hearing.

DD

fergusor

Another update:

I've had the court order for the repossession, hearing is on Feb 26th!!

Do I need to fill in the forms and attend the court in person? And do I need to let my ex partner know this is happening?

I'm getting quite scared about it now, even though this is what I want to happen, then go br and try and out it all behind me and move on, I'm still really nervous.

Your advice would be appreciated :-)

Thanks,
Richard.

peachyprice

Are you still on speaking terms with the ex?
You should probably tell him as he's going to be liable for any shortfall.

fergusor

No we're not on speaking terms at all, I have trouble getting hold of him.

Do I need to fill the forms out and attemd the court hearing?

peachyprice

No, you don't have to, unless you want more time to find somewhere else to live. If you don't turn up the judge could give a very short repossession and you could find yourself homeless very soon.

It may go in your favour if you do need more time if you can tell the judge you've been having trouble contacting the other mortgagee.

fergusor

I took the advice of the CCCS and started looking for a rental property and move in Feb 14th. So I don't need more time here really.

I'm really scared about this, I live in the house on my own now and have no-one to talk to about it. Even though this is the best way forward I feel so awful about it :-(

peachyprice

That's good, you'll be out before the court date, so no need to attend or send back the forms.

Once you move out, just see it as not your problem anymore, and look forward to your fresh new start.

fergusor

Thanks for the advice. I feel quite ashamed that this is happening to me, it's nice to get friendly comments from others in the same position as me... thanks.