br how long do i have before i am evicted??

out_of_cash

hi all,



have been put in a position or should i say offered a deal by the OR in august 2010 to put our home on the market via the normal route of which i have done last month.it sold within days:(

the new buyers have had all there paper work done and mortgaged approved and are anxious to move in and will be wanting to agree a completion date anytime now,its been a total emotional drawn out nightmare for me as i never wanted to go always thought we would retire here,however now looks like i will be working til i am 73.
does anyone know if i can be evicted from here without a court order? as there was a bankruptcy involved, am just real anxious now as to my options to stay as long as i can:(

anyone please pm me.


would be greatful for any advice you maybe able to give

regards

out of cash

Gothicfairy

As far as I know (and please please check with CAB, Shelter,CCCS, Community legal advice team etc etc) you can have a repossession which gives a date..mine did 04.04.11 but after that date they need to go back to court* to evict so I should think this is the same.

*I then got a letter from the court saying something like "you must leave by xx xx xx or we will instruct the bailiff to remove you and your property" and that would have been the day after or something close.

I really really would call Shelter though as they will be able to go through it all with you

Ineedaname

But you have a sale agreed, is it really fair to the buyers do that and then stay put?

iquit

What would the OR say if they found out you have a buyer but won't vacate and complete the sale? Did you consider buying the BI in your property so you wouldn't have to move? I think you may need to get a bit more advice, try the CAB. Good luck.

out_of_cash

sale was agreed as far as i am concerned subject to me not living in the gutter, although some would like to see me there.:D

they have all chosen not to communicate with me regarding this issue so i will now see what happens.

My question was do they need a court order?
not what do i think is fair.:rotfl:

shelter and others couldnt really answer the question.

was offered the bi in house of 50k which was a bit steep when unemployed.So in a fix



ooc.

silvercar

Please take legal advice, but this is my (non-legal qualified) opinion.

When you sign for the sale of your home you are entering a legally binding contract ie you give the home to the buyer and they give you money. Within the contract it states that you give vacant possession, that means you your family/guests and pets and your contents must be out of the property on the day of completion.

Should you fail to do this, then the buyer will serve notice on you to complete. This takes a matter of days. You will then be liable for all out of pocket expenses of the buyer for failing to complete. This can mount up to thousands of pounds, particularly if it impacts on the buyers own home sale. As this would be a new debt, arisen after bankruptcy, it will not be part of your original bankruptcy and so you will be left to deal with it.

So if you have any intention of refusing to move, the time to do it is before you exchange contracts not afterwards. Should you refuse to exchange, then you will have the OR to deal with as to why you agreed to sell and are now refusing to. You will also have upset your buyers, given they have wasted money on surveys. legal fees, mortgage applications etc but there is little they can do before exchange of contracts.

Ineedaname

Surely on the day of completion you will be homeless and the council will then have to find you somewhere to live? Arrange to put essential contents into storage, keeping out only a few boxfuls initially in case you end up in B&B to start with. Get rid of everything you can live without to save on storage costs.

NeverAgain_2

Reality check needed.

You are living somewhere that you cannot afford, effectively, you are living a lie.

I'm not sure what you expect - someone to chase round and find you a place to go?

You have to do that, as most of us have had to do over the years.

Your buyers don't deserve to suffer because of your situation.

If you intend to mess them around, be careful.

A property contract is not something you can ignore, enforcement can be swift and rigorous.

The law has always valued property more highly than people.

silvercar

Re-reading my post from last night, I wasn't as clear as I could have been.

There are two very separate people to deal with.

1. The OR. You have agreed to sell, now you appear to be back tracking. The OR won't be pleased. I don't know what penalties the OR can impose, but the OR will have to be dealt with.

2. Your buyers. If you haven't exchanged contracts there is little your buyer's can do (expect wait til you get repossessed and be ready to jump in). They will be out of pocket and won't be happy, but legally they have no comeback. Once contracts have been exchanged there are severe financial penalties for not completing on the day which won't be included in your bankruptcy (see my previous post). Depending on your contract with the estate agent, there could also be a fee to pay whether you exchange or not as the EA has introduced a proceedable buyer, again this is a new debt after bankruptcy.

out_of_cash

you think!

out_of_cash

NeverAgain.

Reality check needed. are you speaking from experience?

You are living somewhere that you cannot afford, effectively, you are living a lie. you are very quick.

I'm not sure what you expect - someone to chase round and find you a place to go?that would be nice.

You have to do that, as most of us have had to do over the years.
never thought of that.

Your buyers don't deserve to suffer because of your situation.
bless em.

If you intend to mess them around, be careful.

A property contract is not something you can ignore, enforcement can be swift and rigorous.

The law has always valued property more highly than people.
and so do banks
You think!:T