Flat Repossessed Without Any Notice or Warning!

themull1

They had agreed to a holiday, which under the circumstances of two years ago, was quite good, then your brother decided to cancel the direct debits altogether, so the lender couldn't get their money after the payment holiday ended, and it was repossessed as stated on the old court papers. Sounds ok to me. Your brother should read letters.

themull1

And if he had the money to make up the shortfall, why didn't he make up the shortfall instead of keeping the money?

PROSS18

themull1 wrote: »

And if he had the money to make up the shortfall, why didn't he make up the shortfall instead of keeping the money?

Hes only been back at work 1 week. He has that weeks wage and also a few other jobs that hes been doing himself this week which were paid upfront.

So his wages from Friday and jobs on Saturday are there but as he just found out what has happened Saturday afternoon not much he can do about it.

ILW

Did it not occur to him to get the mail collected from the flat?

PROSS18

ILW wrote: »

Did it not occur to him to get the mail collected from the flat?

His mortgage company knows he stays at my mums and everything gets addressed to my mums address - not his flat.

opinions4u

So when, in post #6 I quoted you saying "He has received no letters, notices or threats of repossession " and responded with "Don't believe a word he says" I made a fair point ... as you now state: "It turns out that he went into arrears about 2 years ago and had a court order for repossession".

Has it crossed your mind that he hasn't been quite as straight with the lender as he should have been, given the gravity of the situation?

While the evidence is not yet conclusive, he appears to have behaved like a plonker and lost his flat as a result.

SouthCoast

If you don't keep to the conditions of a suspended possession order, you can be evicted very easily. For example, if you miss just one payment, your lender can apply for a bailiff's appointment straight away. There isn't normally another hearing and you may only get a few days' warning before the bailiffs arrive to evict you. If you do miss one or more payments and/or you receive a letter from the bailiff, get advice immediately. There may still be time to stop the eviction.

http://england.shelter.org.uk/get_advice/repossession/allowed_to_stay

molerat

Even more problems to come when they chase him for the £20K shortfall plus selling costs.

dunstonh

But they have just went ahead and repossessed the flat without as much as letting him know.. surely thats wrong. He actually has the money sitting there to make up the shortfall as hes been working his a**e off to get back on track

.

Its not just a case of changing the locks. It has to go to court and get a judge to agree it. The lenders have to show that they have grounds for repossession and that the borrower is not in a position of making payments. It is an option of last resort.

Its clear that he hasnt been quite up front with the information in the past and it certainly looks like it is the case again now. It looks suspiciously like he burried his head in the sand and tried to hide from it. Cancelling the direct debit to the lender was probably a catalyst and being in arrears and not responding to the lender would have just been the final nail.

PasturesNew

Maybe you can buy the repossessed flat at the lower price.