Birmingham midshires repossesion

stintond

Hi everyone , we went bankrupt back in January and we included the mortgage in the bankruptcy , and I understand this will cover the shortfall , we just got a letter from the court giving us a hearing date and an opportunity to agree or disagree with the claim for repossesion. we want the house repossesed but it's just that we dont know whether to sign the forms or turn up or whether to ignore the whole thing , we want the judge to know we are bankrupt because I notice on the letter that bm are not only claiming the house but the entire balance also (in the event of a shortfall i guess)
If we sign the forms does this mean we agree with the claim?(shortfall icluded)
If we dont sign maybe the judge will award them what they want(entire balance)

fiveyearplan

DON'T SIGN ANYTHING - show up at court and be sure you tell the judge you want the house repossessed and that you are bankrupt otherwise they can put a delay on the repo and you don't want that to happen or else you'll be liable for council tax on the property. Best to get shot of it now. Have you moved out of the house yet?

You only make things easier for the mortgage company if you sign and there is no need to makes things easier - you need to do what is best for you. Going to court won't be any big deal or anything to be nervous of but I can't stress enough how important it is so the judge knows what you want to do. Good luck - and keep us posted!

maxmycardagain

dont bother going, BM will be granted possesion, and in 30-60 days they will then be granted an eviction order, 30 days later they will probably enforce it

if your out the property by then its game set and match, game over

you get your debts wiped, they get the house

beentheredonethatstilhere

Max, it has been shown time and time again on here that it is better to turn up and tell the Judge in person that you are bankrupt and want to let the house go to reposession. The Judge otherwise usually adjourns the hearing and things drag on.

fiveyearplan

I reiterate my advice - if it was me I'd go.

stintond

firstly , thanks for all the replies , yes , I have moved out , and I am in rented , I guess I'll turn up at the court then and just tell the judge I want the house repossesed but not sign anything.
Incidently , the midshires are adament that they will recover the shortfall , no matter that I went br , I even asked them if they had ever been successful at this with other customers - their reply?
"cant discuss other peoples account!"
how convenient
thanks again

fiveyearplan

They wouldn't be able to recover anything from a bankrupt. Don't worry!

fatbelly

The usual pattern is a 28 day Possession Order followed by a Notice of Eviction a few weeks after the Order expires.

Always best to go to court in my opinion.

But don't bother completing the court forms.

clanbailey

Hiya I had mortgage with BM and they are unbelievabley miserable BUT I went to the court for repo and the judge was really pleased we turned up even tho we had moved out to rented and going br, we went br in Jan and had left our house the sept before - I completely ignored any letters and calls from BM and their solicitors as had nothing to say to them especially as they were not willing to help early last year when things got tight. We have not heard anything from them now (fingers crossed) for a couple of months and the house has sold as someone else is living there now. The OR has been intouch with all our creditors now (she said it would be about 8 - 10 from date of br cos so busy) and got to say that all is very quiet so very happy.

Sooooo dont sign a thing - go to court to explain why happened - ignore BM totally and OR will take care of it for you.

good luck

So_Sad_Angel

Hi, I too agree that best to attend court. Even if just for your own peace of mind. The judge will appreciate it & it shows that you are being responsible in looking to bring an end to the house issue.

I went with a friend to their repo hearing & the mortgage company representative insisted on seeing my friend before the hearing to `check some details`. This was a ploy to reach a last minute agreement. I mention this so that you are aware as my friend felt a little pressured by that at the time. On the day you do not have to speak to the mortgage co person if you don`t want to.

In terms of BM trying to recover the shortfall its a case of...what part of `I am a bankrupt` do you not understand ??

Angexx

maxmycardagain

cant see the point myself if you going/gone BR and left the property, its a day wasted, not to mention travel costs

if you want a day out go by all means but the end result will be the same

if the repo + hearing was (say) in leeds and the BR has moved to kent then turning up would hardly be constructive or achieve anything