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Repossession order - help!
gtt184
Posts: 23 Forumite
To cut a long story short, my sister split with her ex-husband 5 years ago. He remained in the family home, she left with the children and rented privately.
The house is in quite alot of negative equity and is an interest only mortgage (with no savings to pay it back at the end).
He lost his job, didn't pay the mortgage and is now in huge arrears.
They were both called to court and a repossession ordered in 28 days. Despite it being quite a dire situation, she was pleased as it'd mean finally being financially free from each other with the hope that one day in the future, she may be able to become a home owner again.
The negative equity/arrears would be paid off on an IVA but that'S another post
Anyway, since the repossession order was granted, he has suddenly found himself a permanent job and is going to appeal the decision so he can stay in the house.
So, lots of questions.
She is panic stricken, because it'd mean she'd be financially tied to him for many more years! It'd mean any of his financial problems would fall on her still (he will probably lose his job again as he has a habit of it) and fall behind on the mortgage. It means she'll never have the chance of financial freedom from him in her working life time, and surely means that in 18 years time, she'd be jointly liable for the repayment of this huge mortgage!
Surely the judge wouldn't allow this to happen? Surely granting him the chance to pay back the arrears over 18 years and continue with the mortgage whilst her name is on the mortgage for so many years won't be allowed? Surely that is against her rights as an individual? If he got the mortgage in his own name, then fair enough, but this wouldn't happen til the arrears are gone and he also has a terrible credit history.
She won't be living there, but could be liable for this house for another 18 years!!
Some advice would be much appreciated as to what is likely to happen here, as we have no idea.
She has written a letter to the court explaining all of this, which I guess is sort of a counter appeal to the judge.
p.s. The mortgage left to pay over 18 years is £225k the arrears is £10k and the job he has got pays £25k a year
Thanks
The house is in quite alot of negative equity and is an interest only mortgage (with no savings to pay it back at the end).
He lost his job, didn't pay the mortgage and is now in huge arrears.
They were both called to court and a repossession ordered in 28 days. Despite it being quite a dire situation, she was pleased as it'd mean finally being financially free from each other with the hope that one day in the future, she may be able to become a home owner again.
The negative equity/arrears would be paid off on an IVA but that'S another post
Anyway, since the repossession order was granted, he has suddenly found himself a permanent job and is going to appeal the decision so he can stay in the house.
So, lots of questions.
She is panic stricken, because it'd mean she'd be financially tied to him for many more years! It'd mean any of his financial problems would fall on her still (he will probably lose his job again as he has a habit of it) and fall behind on the mortgage. It means she'll never have the chance of financial freedom from him in her working life time, and surely means that in 18 years time, she'd be jointly liable for the repayment of this huge mortgage!
Surely the judge wouldn't allow this to happen? Surely granting him the chance to pay back the arrears over 18 years and continue with the mortgage whilst her name is on the mortgage for so many years won't be allowed? Surely that is against her rights as an individual? If he got the mortgage in his own name, then fair enough, but this wouldn't happen til the arrears are gone and he also has a terrible credit history.
She won't be living there, but could be liable for this house for another 18 years!!
Some advice would be much appreciated as to what is likely to happen here, as we have no idea.
She has written a letter to the court explaining all of this, which I guess is sort of a counter appeal to the judge.
p.s. The mortgage left to pay over 18 years is £225k the arrears is £10k and the job he has got pays £25k a year
Thanks
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Comments
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Thrugelmir wrote: »Can be summed up in one word - Unaffordable.
totally agree - especially on an interest only mortgage with no means to pay off the loan at the end of the term.0 -
Thanks, that's what we were hoping.
We were told elsewhere that if the worst came to the worst, she could go bankrupt to free herself from him and this, which I assume is correct? Not ideal, but better than being tied in for 18 years!0 -
We were told elsewhere that if the worst came to the worst, she could go bankrupt to free herself from him and this, which I assume is correct? Not ideal, but better than being tied in for 18 years!
Short term pain will yield long term benefits. Not possible to change the past, but you can influence the future.0 -
:spam:
Oh look, another Spam post by Lee - reported0
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