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Advice for benefits board post

Hi Guys, I asked a question regarding my sister-in-law which I received good advice.
A poster post 8 BillAndJean commented on their friends situation which seems outrageous from the point of the small sums involved, and threats of action after 30days I think your advice would be appreciated https://forums.moneysavingexpert.com/discussion/4640479

I thought I would link this thread to my reply

Comments

  • silvercar
    silvercar Posts: 50,079 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Banks aren't above the law. If they want to repossess they need to go to court and convince a judge to grant a possession order. They then serve that possession order and if the mortgagee still doesn't move out they go back to the court and get baliffs appointed. This all takes time - a few months at the very least.

    The chances of them getting a possession order suspended if the mortgagee can show that they have a buyer for the property is high.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Currently he is looking for a rented property whilst staying with us as he has handed the keys over as a voluntary repossession.

    Why not attempt to sell the property at the maximum possible price? Handing the keys back and walking away is a defeatist attitude.

    So sorry, blaming everybody else simply doesn't wash.
  • bigadaj
    bigadaj Posts: 11,531 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper
    I don't think he is blaming everybody, just the bank for not wanting to work with him to try and sort out a solution. From what he has told me the bank once they were told that they had no chance of getting the £15,000 out of him as he could no longer work, decided that they had better resolve it by asking him to hand over the keys 'as it was in his best interest'. Now I don't know exactly what was said, but the end result was that he signed the house over to the bank at their request as he could see no other way out given that they would only give him 30 days to get the money together. I doubt that he would have just handed the keys over without being told something.

    Yes seems a naive response but would probably have had a basis in something that was said by a bank representative, though they would argue not advice.

    The bank want and are entitled to their money back and property ownership comes with responsibility. Sounds like the owner needs or should have gone to cab and come to a better arrangement with the bank, three months for a sale might have been mOre reasonable than 30 days.

    I think a comp,ain't is in order and an attempt at a rapid sale of the house, but one that might be in the interest of the owner and not the bank. The bank only want their small debt back and such a situation can see dodgy deals between estate agents and dveleopers at the cost of th e original owner. This is one where media a d press involvement would be good. The bank won't like looking they are being unreasonable or taking advantage of a vulnerable customer.
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