House repossession GMAC RFC /Paratus AMC

plumbit

Constructive help required?????

2 years ago i fell into mortgage arrears which went to court, a suspended repossession was awarded to GMAC RFC, tha arrears were paid in full within three months. I now find myself back in arrears due to the situation with the construction industry and the economy as is. On the 1st of February GMAC RFC sold or passed my account to Paratus AMC, which in turn applied for a warrant of eviction on the 4th February under the suspended repossession warrant of GMAC RFC meaning i can not have my day in court in front of the judge. Where do i stand? Don't they have to re apply from the start.

Meeper

This isn't my area of expertise at all I'm afraid, but common sense would tell me that they shouldn't be able to rely on something that was obtained by another company in the past. This is a different set of circumstances and a different time.

You should appeal any such eviction warrant and get in front of a judge. No judge likes to grant repossession against someone who is willing to make an effort, so you should prepare a statement of affairs and ensure that you can present the judge a picture of what you can afford to pay and how you will be able to repay the arrears over time.

plumbit

Thank you very much for not slatting me for being in a situation that ive been in before, but for the situation, if someone changes their name, marriage etc they have to apply for a new passport or drivers licence. So how can a Company follow up an old situation under another name, without the required limits.

plumbit

Probably a bad example because if you have points on your licence and you change your name they still remain.

plumbit

What i mean is you cant pass a legal document set a side by a judge on to another company

Thrugelmir

What were the terms of the original suspended repossesion order ?

If you haven't adhered to the terms of the order then there's no recourse. Hence the term suspended. As it was to give you an opportunity to address matters.

As for your mortgage. This can be sold on to another party. The suspended reposession order is against you and the debt you owe. So will be transfered with the mortgage.

opinions4u

Totally agree with the post above.

silvercar

meaning i can not have my day in court in front of the judge.

What would you gain from this?

The lender will say you have mortgage arrears, you know this and can't deny it.

The judge will probably have little option but to agree a repossession order. It would be reasonable of the judge to suspend this if you could show that you a reasonable chance of keeping up with your mortgage repayments and make a contribution to the arrears. Now if you could have done this presumably you would have made this offer to the lender already. So I'm guessing you are stuck and have no way of keeping up with the mortgage repayments and/or tackling the arrears. So your "day in court" would actually give you very little.

If you now had a new job and were saying that you could come up with a repayment plan, then I would say that it is unfortunate that the suspended possession order means you can't state your case (though I would have expected you to have been in negotiation with the lender before this point).

So really the fact that there is a suspended possession order is almost irrelevant, what is relevant is that you have mortgage arrears that you are not in a position to tackle. And I don't think a suspended possession order makes a difference to that.

sirazs

@ Plumbit -
Gmac Rfc and Paratus Amc are the same company, they have just changed their name.... therefore the mortgage has not been sold but just passed on through the departments of the same company...

best of luck with everything...

catieeb06

sirazs wrote: »

@ Plumbit -
Gmac Rfc and Paratus Amc are the same company, they have just changed their name.... therefore the mortgage has not been sold but just passed on through the departments of the same company...

best of luck with everything...

Why did you reply to a post that was put into the archives of MSE from 11 months ago?

Thread resurrection FTW!!!