BR but Mortgage Co still sending letters

broadpaws

HI All,

Don't know if you recall went BR in november, and life has been much better since, one query if I may, the mortage lender (First National) Are still sending standard arrears letters, (we are no longer in the property and returned keys along with BR order a few days after going BR)

Now amongst these letters was the " we are going to ask you to speak to an advisor to see if you can come to an arrangement to catch up - so we called this company to advise them that we were BR, and that was the end of that, but last week we got another letter - saying now with the litigation team and that *this is the query* that each month we are in arrears then further charges etc are added - Are we liable for these charges??

We had a letter from OR, after forwarding him the letters (apart from the last one) confirming that all is well but that he also had not had acknowledgment from mortgage company.

Any Thoughts?

Zandytobedebtfree

Hello Broadpaws

If I am right, then the mortgage is NOT included in the BR as a secured Debt. So you will still be chased for the money. But.......

WHEN the mortgage company sells the property then you will no longer be liable for this mortgage, and if there is any shortfall, on what the mortgage was and what the mortgage company sold the property for, then this WILL be included in your BR.

So do not sign anything from the mortgage company, and forward all letters to your OR.

There is nothing more that the mortgage company can do to you, as they have the property, but until it is sold, then legally it is still your liability.

HTH x

broadpaws

Thanks that is my understanding as well, was just concerned re charges etc, aren't the lenders a little slow, we wrote and returned keys etc in November and it would appear that they still haev not put it for sale/auction.

I will just keep sending the letters to the OR, and will not sign any paperwork from the lender.

Thanks
BP x

skylight

Have you sorted out council tax exemption etc?? You are still liable for this right now too. Empty properties tend to realise a 6 month (some councils offer more) exemption from paying.

And ditto Zandy. The mortgage company will have "policies" that they have to follow, and the computer is probably automatically generating these letters to you. Don't worry about it. There is nothing they can do - *if* they were daft enough to take it to court, a judge it unlikely to do anything and would probably laugh it out.

skylight

The reason they are still sending letters and not sold it, is because I guess, they have not taken legal repossession of the property yet. Some accept voluntary repo if you send keys back and sign the documents (don't sign!!) and some wont accept it and will force it through court.

Write back to them - recorded so you have proof - that you have returned the keys, not living there, want to give up the property, did this back in Nov (etc) and reccommend that they reposses as soon as possible to they can sell and re-coup some costs. Make it totally crystal clear in writing. Just so that you cannot be held to fault for anything and that you know that you have tried everything possible.

broadpaws

Thanks again, got the c/tax sorted for now, hope they have taken possession soon then! I will write to them again today to clarify the position, and enclose the original letter, will send recorded delivery.

Thanks for all your re-assurance.
BP