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Urgent Advice Please- Eviction Notice Served

On Saturday we received an eviction notice from the mortgage company to advise we are to vacate the property on 24th April. PLEASE PLEASE advise what on earth do we do. Because of the bank holiday weekend we have not been able to ring anyone.

Our current mortgage is 11% interest only and we have equity in the property but feeling so stressed just dont know where to begin or what to do.

HELP

Comments

  • lynzpower
    lynzpower Posts: 25,311 Forumite
    10,000 Posts Combo Breaker
    mulberry lady

    Can you give us some more info

    how long has it been since youve paid yourmortgage

    Could you give us a Statement of affiars. read southern scousers sticky, first time poster, a SOA is incomes/outgoings/ debts & APRS, in order.

    Hugs, hang in there we can help
    Lynz
    x
    :beer: Well aint funny how its the little things in life that mean the most? Not where you live, the car you drive or the price tag on your clothes.
    Theres no dollar sign on piece of mind
    This Ive come to know...
    So if you agree have a drink with me, raise your glasses for a toast :beer:
  • Hermione54
    Hermione54 Posts: 176 Forumite
    Hi there. Just hang on and calm down. You have to be in serious arrears before they can do this, and even then surely there has to be some sort of court order first. They just can't throw you out of your own house with a fortnight's notice. Someone may be along soon with some proper legal knowledge and advice, but you probably need to see a solicitor first thing tomorrow morning. Good luck.
  • Hi there
    Have you been to the county court for the mortgagees to get a warrant for repossession at any time in the past and you have defaulted on an arrangement to pay? This is the only time I think they could repossess the house, although I'm not 100% sure, only having the experience as hubby does as an estate agent who sells repossessions for mortgage companies.

    The county court should have a duty solicitor and it is important that
    a) you seek some legal advice first thing
    b) you speak to the county court in your area and ask whether any warrant has been granted in respect of possession of your house
    c) speak to your mortgage company and ask if it is possible to capitalise your arrears against the equity in your home.

    If you are going to be evicted, you need to speak to your council about being homeless, they can arrange some kind of accomodation for you.

    Not always the best solution but you can also look at 'emergency' remortgages, ones who specialise in acting swiftly if you are in this situation but I would only advise this in a last attempt, as it may cost you more money in the long term.

    There is also these companies such as National Homebuyers but again, I'd ensure that all the circumstances are right for you before you proceed with either of these.

    Let us know how you get on.
    Sending you a big (((hug)))
    £2 Coin Savers Club (Christmas)- £86
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  • markokeeffe
    markokeeffe Posts: 20 Forumite
    Earlier poster was right in that to have an eviction notice served you must have been to court, have had a possession order made, and either the time period has elapsed if the order was not suspended or you have not paid in accordance with the suspended order.

    So what next. Post a statement of means as if you are able to pay the mortgage payment and clear the arrears over a reasonable period of time, then an application to suspend the warrant may be successful. But you need to act now! Get a statement of means posted so that we can see what your financial commitments are, and whether it is feasible to apply for the warrant to be suspended. Also post details of how much the mortgage arrears are, the value of the house and a little about why you got into arrears. Also useful would be whether the original court order was suspended or not. Then one of us will talk you through applying to the court to get the warrant suspended.

    HTH

    Mark
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    On Saturday we received an eviction notice from the mortgage company to advise we are to vacate the property on 24th April. PLEASE PLEASE advise what on earth do we do. Because of the bank holiday weekend we have not been able to ring anyone.

    Our current mortgage is 11% interest only and we have equity in the property but feeling so stressed just dont know where to begin or what to do.

    HELP

    First thing, tomorrow, you ned to go to CAB - you can ring them - as it seems strange, to say the least, that you have received an 'Eviction Notice' out of the blue.
    Are you sure it's a genuine eviction notice? Some creditors, and their debt collection agencies, have been known to use official looking letters and forms to scare the !!!!!! out of debtors. If this is the case, then CAB will be able to advise you, and your creditor may be acting illegaly.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
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