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In a grave situation

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  • ILW
    ILW Posts: 18,333 Forumite
    bouche wrote: »
    If thats the case then fine but the OP's situation is different, having been hounded out by antisocial neighbours. Regardless she has negative equaty - its not down to the market or House Price Inflatition / depreciation.

    It's cause she has scum living next door.

    It happens in Kensington and Chelsea you know - ie the best places, only the landlord there can provide / afford for a very good defense in evicting such people.

    As for personnal insults, please tell Clutch, Crutch, Clicks or Wicks or Cwiicks to SHUT UP as he appeared out of the blue and I don't post much but think he stalking me!!:rotfl:

    And again, the neighbours own the property.
  • Hopejack
    Hopejack Posts: 507 Forumite
    I agree about needing further info to help and you will see in my first posts I did say this but for totally acceptable reasons it seems the OP doesn't want to release any more info.

    Like I said in one of my posts, as soon as they mentioned child protection etc I realised it wasn't just 'run of the mill, you have the TV too loud, neighbours' :(

    OP - I hope some of this (less the tit for tat) has helped you try and reach a decision on what to do next. Agree with Clutton that either way, you are going to be in a worse off financial situation, I just really don't think you can offload the property quickly without a fairly big hit to your pocket.

    Pawpurrs also has a good point about is it 'personal' re the neighbours? If it is then perhaps new neighbours wouldn't be an issue and you could perhaps word that it was a personal issue on the PIQ when/if you sell? I think the fact the Police and local council have been involved mean 101% you will have to declare the issue you have had but Clutton mentions that they do not require such indepth info at an auction....

    My opinion, get in touch with some auction houses in your area asap and make initial enquiries.
  • MissMessy_2
    MissMessy_2 Posts: 107 Forumite
    edited 18 May 2010 at 11:48PM
    Hi Guys!!

    Sorry i havent replied for a couple of hours.. One of the main reasons I did not want to disclose too much was because I knew the topic of bad neighbours gets busy... I also know how much threads like this get viewed. I know I might be annoying some of you because I am being cautious.


    I will got back through the last 3 pages I have missed and try and reply to what I can.. If I do not answer a queation then I am sorry, its because I do not want to or it would not be appropriate.

    Before go back and read over, i just want to say a HUGE thank you to everyone who has replied x x x x
  • MissMessy_2
    MissMessy_2 Posts: 107 Forumite
    bouche wrote: »
    Sounds like she's been whiter than white and beyond reasonable, hoping for help with LA and neighbours alike.

    I know authorities are reluctant, or just not clewed up on the affect this has on peoples lives. I agree she needs the community behind her but there a fine line between asking for help and then being seen as a manipulative, trouble maker herself.

    Seen that happen before, which is why, as you suggest, important to record and document everything.


    I have been whiter than white. It got me no where.. sadly :( the community is not behind me.. they cant be bothered to get involved if it does not affect them.
  • MissMessy_2
    MissMessy_2 Posts: 107 Forumite
    edited 18 May 2010 at 11:49PM
    azkaban420 wrote: »
    Hi bouche, my personal reasons for suggesting the OP to sell, even at loss, is because from the sounds of it, she has done all the fighting she could, without any joy. Sometimes when something is close to driving you to a nervous breakdown, as OP suggested, it is better to just count your losses and move on. I have been in fights with the LAs for different reasons to the OP which seem so minute in comparison, but I kid you not, after months and months of fighting with them and hearing 'no, sorry we can't help you further' I too have lost a lot of fight in me, so I can understand to some extent where the OP is coming from.

    Just MHO :)

    Az

    You have no idea what a fight I have put up...
  • MissMessy_2
    MissMessy_2 Posts: 107 Forumite
    edited 18 May 2010 at 11:20PM
    thank you for your point :-)
  • MissMessy_2
    MissMessy_2 Posts: 107 Forumite
    bouche wrote: »
    I appreciate you're advice and the decision you had to make yourself Azkgaban and don't underestimate that decision. As I've said, there comes a time to give in.

    If the OP could afford to lose out then fair enough, but she's gonna be homeless because of it and it upsets me.

    But I just wanted to ensure there was absolutly no fight left in her/ him to resolve this to thier benefit. If the OP really has reached the end of the road, I agree, let it go.:(



    Its not that there is no fight left in me. I am not defeated, but sometimes we have to look at things with a different perspective and winning isnt everything. Living a happy fulfillling life is and I will NEVER be able to do that there, even with them gone I could not handle the memories.

    I will be homeless IF I do not reslove this within 3 months, if I can get shot of the house even at a loss we will be ok as we can just rent
  • MissMessy_2
    MissMessy_2 Posts: 107 Forumite
    edited 18 May 2010 at 11:50PM
    clutton wrote: »
    OP - whilst i have every sympathy with your awful situation (you are indeed between a rock, a hard place and a brick wall) - i see very little evidence of practicality and reality in much of the advice offered on here up to now

    As a LL of 11 years, i am not going to pull any punches here...

    Neither you, nor an agent, will be able to get good long-term tenants into this property such that they will pay your mortage and leave you in peace... there is toooo much water under very public bridges for that .. as seemingly everyone knows the historical minutiae of your appalling situation already.... No one will want to live there other than scroats..... and they will then add to your alrfeady over-whelming burdens..... Now is not the time for you to be learning a new career in property management. Please abandon that idea....

    Whether we all feel hugely, and righteously, aggrieved that OP should suffer as a result of what has happened next door.. the reality of her situation is that she (and her family) is suffering and will continue to suffer until she takes some action... next door are going nowhere....


    To summarise...

    You have a debt which must be paid - your mortgage.

    You refuse to move back in - so are currently paying mortgage and rent.

    You cannot pay both of these for more than 3 more months.

    Option 1 -

    You have to talk to your Lender - as they own the house.... not you

    Ask the lender if you can sell below the value of your outstanding mortgage... IF they agree, you will be left with the debt of the outstanding amount and this will have to be paid off. It may well continue to accrue interest.

    Lenders come across this all the time.... They have systems in place to deal with this.


    You may not like what they say.......




    Another option could be:-

    Do nothing until the lender takes out repossession proceedings against you in court.. and they can do that after 2 months of missed payments.... You will then end up with a County Court Judgement which will seriously hamper your life-style for 6 years as you will be unable to get credit, proper bank accounts, store-cards, loans, etc etc


    Another option could be


    If you sell at auction (no messy enquiries re neighbours) then at least you will not incur as many Lenders' respossession fees (which will be huge... really huge), and you will have an end to the house-sale question.

    BUT you will make a loss - this is utterly inevitable.... utterly inevitable... you must accept that.. fair or unfair as it may be... you will lose money.




    Bottom line is



    Your house (including neighbours' reputations) is just not valued as highly as you want it to be.....

    This truly is an appalling situation you are in, but, in it you are... and you must face reality... i know its tough.. but your family's mental health is your prime consideration here.......

    IF there are grounds later on to sue the neighbours for your loss, that is for another day.....

    So to recap - - if you are utterly loathe to accept these suggestions then go to CAB and talk to them....

    Then Talk to your lender......

    Could you get Doctors' letters as to why you cannot return to the property ? It wont stop a repossession but it will go part way towards explaining your "abandonment" of the property to a judge.

    My heart goes out to you, it really does, but you have some Very hard choices to make very quickly.....

    Having seen many respossessions, its not good... do whatever you can to prevent that..... and the only way to go forward is to talk to your lender ......

    bw


    Clutton...

    God your post is exactly what i hate but love... everything i dont want to hear BUT everything I need to hear and in a clearly concise way

    THANK U

    Our lender wont give a monkeys uncle. This I know

    I will not allow repo take place. This cannot happen.. I cant elaborate but its not an option.

    Our last resort is OH returning to house and us living seperately

    The EA is happy to market and they think they can sell it and get around £240k for it.... maybe I should give them a chance?


    I am going to contact auctioneers tomorrow


    There are still house builders that we have not spoken with in terms of part ex


    Oh and just to make you giggle, my very wonderful doctor.... he has neighbours from hell


    ps I think we have ruled out renting the house out lol, however in a worse case scenario could it buy us just 6 months??
  • MissMessy_2
    MissMessy_2 Posts: 107 Forumite
    Hello OP

    I've just had a read through and wanted to offer my support and my two pennies worth (I'm an estate agent, albeit based in the north west)

    I completely understand why you would want to move, it sounds like you are utterly at the end of your tether. How much homework have you done on the market value? If you would like to PM me your full address and postcode I will pull some stats off rightmove for you, although I understand if you would rather not.

    It sounds like you would struggle to sell through a traditional agent, unless you went ahead with a real knockdown price. Even then I think there's a high chance of the sale falling through at some stage and then you're even further down your tight timeline having spent even more money on solicitors. However, I think you should keep it as an option for the moment.

    By the sounds of it, an auction might be the best way. The company I work for deals with auctions and they don't charge anything like 10%, although it might be different in your area. Can PM details of auctioneers if you like, I will ask our auctions manager (who used to live down south) for recommendations. It's certainly worth getting an auction valuation from one of the firms and finding out the costs involved and what you are likely to get from it.

    I don't think you'll be able to rent it, clutton has made some excellent points above.

    I'm not really up to scratch on the getting repossessed side of things so I will refrain from commenting on that part!

    If you want me to do the rightmove stuff for you just let me know, and massive hugs to you and your family, I hope you find a solution.


    Thank you for your very valuable input, I will PM you

    Thank you for the hugs they are greatfully received ;)
  • Hopejack
    Hopejack Posts: 507 Forumite
    edited 18 May 2010 at 10:44PM
    Glad you are getting some ideas Miss Messy :)

    The more I think about it, the more I think rental is a bad idea if you want to get shot of the place. If you get a tenant in (and to be honest, would you want to inflict the NFH on your 'nice' tenants, you'd really only want scummy ones in who quite frankly, like Clutton says, will wreck the place to oblivion), you will probably not be able to sell it anyway - most people are put off by tenants living in a place unless they are buying as a BTL. Plus, you'll have the nightmare of managing it, dealing with the fall out with NFH and the possible cost of making good the place if trashed - which doesn't come cheap - been there!

    Getting rid fast is the best option - auction or EA if they think they can sell it, personally I think that will take longer than you have though. I've just sold a place to a FTB, it took 12 weeks, offer was in 2 weeks after it went up so 10 weeks in all, with your type of property price, most people will need a mortgage which aren't exactly quick to sort these days and/or even worse, in a chain!

    Auction house is my advice and I'm pleased you are seeing (clearly) that it will be at a loss - however as you say, if you can rent and possibly take a loan out to pay off the shortfall then it may work?
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