Mortgage Repossession Order

D4nTh3M4n

Hi,

I Hope someone can help.

Today I received a letter from Irwin Mitchell Solicitors notifying us of court proceedings order on the property we rent. The Mortgage is with northern rock.

I have spoken with the landlord and he has played it down saying its scare mongering and that he has only missed 2 payments on the mortgage (he assures me that this is all sorted now). Irwin Mitchell won't supply me and information as I am not the owner of the property.

Would they really issue a notice of proceedings for repossession for 2 months arrears? and is there any way I can find out for sure that the debt has been settled, or ... is it worth me cutting losses and looking for somewhere else to live?

Many thanks for any advice!

Dan

katejo

D4nTh3M4n wrote: »

Hi,

I Hope someone can help.

Today I received a letter from Irwin Mitchell Solicitors notifying us of court proceedings order on the property we rent. The Mortgage is with northern rock.

I have spoken with the landlord and he has played it down saying its scare mongering and that he has only missed 2 payments on the mortgage (he assures me that this is all sorted now). Irwin Mitchell won't supply me and information as I am not the owner of the property.

Would they really issue a notice of proceedings for repossession for 2 months arrears? and is there any way I can find out for sure that the debt has been settled, or ... is it worth me cutting losses and looking for somewhere else to live?

Many thanks for any advice!

Dan

Have you tried contacting your local citizen's advice branch? They should know exactly what your rights are. It may be that the mortgage lender has to give you more time/more detail. i don't know for sure.

D4nTh3M4n

No, I haven't spoken to the CAB as of yet, I will try to find time on Monday to contact them.

Would you have thought that a notice of proceedings would have been issued for 2 months arrears? My fear is, if he is lying about how much debt he is in with the mortgage, I don't trust him to tell me until the last minute that the house is being repossessed.

My dilemma at the moment is whether or not to just cut losses and find another property.. or whether to wait it out and see what happens. I just don't want to be left with 2 weeks to find a house, sign a contract and arrange a removals.

silvercar

You should let the lender know that you are there as tenants.

The Mortgage Repossessions (protection of tenants) act 2010 http://www.communities.gov.uk/publications/housing/mortgagerepossessionguidance

will give you 2 months notice.

D4nTh3M4n

I did contact the solicitors this morning (the ones who sent the letter to the occupier) they were unable to provide much information as I was not the named owner on the mortgage. I asked them if I should attend the court hearing and they said I would probably not be allowed in to the court room... Should I contact the courts directly?

Thrugelmir

D4nTh3M4n wrote: »

Should I contact the courts directly?

None of your business.

Make preparations to move on. Sounds as if the lender is aware the property is let. So will more than likely keep you informed. Now they've ascertained the property is currently let.

Yorkie1

You are in a bit of a dilemma. Are you still in the fixed rate period of your tenancy, or are you now on monthly periodic status?

If the lender had given consent to let / it's a BTL mortgage, the lender is bound by the tenancy and so are you.

If the lender was not aware of the tenancy, it is not bound by it but you have some protection under the Act previously mentioned.

Don't just leave the tenancy because you may still be bound by it, despite the LL's financial difficulties.

You can give correct notice to leave, if on periodic, and find somewhere else to live at that point.

I would definitely go to the court hearing. If the court does grant a possession order, it does not have to grant you 2 months to find another property - it's a discretionary remedy and the court won't do it automatically. Don't assume the lender will act on your behalf - they won't.

opinions4u

If the repossession order is granted you'll get two months notice to quit. Anything about the arrangements between property owner, lender and courts is a matter for them. Not your business (legally).

Be prepared to start looking for a new home. But there might be a delay before the notice arrives.

Would they really issue a notice of proceedings for repossession for 2 months arrears?

Yes. Much more likely to be swift on a commercial arrangement like this.

D4nTh3M4n

Yorkie1 wrote: »

You are in a bit of a dilemma. Are you still in the fixed rate period of your tenancy, or are you now on monthly periodic status?

We signed a 6 month contract (in April 2007) and since that has expired we have been on a 1 month rolling.

We are going through a letting agent, albeit we deal with the landlord directly most of time. I am going to have a chat with them today to see if we can transfer tenancy to another property.

070378

Hi, can I just ask if you are in England or Scotland? I only ask as im not sure if there are any differences in English Law but in Scotland you will have about 4-6 weeks from the hearing date before any order is received they would then need to serve you with your notice to quit (normally 2 months) you should send the solicitors a copy of your lease along with photographic ID. normally court action wouldnt be raised until the mortgage was at least 3 months in arrears.