Eviction court date pending

tony1212

hi alli need some strong acurate advise plse.my mortgage company is taking me too court for eviction, i already have a possesion order against the house in 95 , suspended, but have fallen behind in arrears again, most of the arrears are their charges, i have tried talking to them but they want money i havent got too stop proceeding , i.e 1600 now and an increased monthly payment.I put my house up for sale some months ago , but the market is very slow. so could anyone answer the following questions plse.1/ if the house is repossessed will they sell at market value and give me the equity thats in the house?2/can i do anything about the overpriced charges , i'e 60 pound for not meeting my payments on time.3/do i get the chance to go too court too explain my position, or do they just get the eviction notice without me being involved.4/ any ideas how i can stop this, i have spoken to them but they require 1600 now and another 800 on 1st september, i have 800 now and more money when earnt in sept.5/ any advise plse as i cant really afford a solictor as i'm robbing peter to pay paul at the moment, too get out of debt without going bankruptregardstony

silvercar

Sorry that you in such a pickle. Some advice, there may be others who know more on the DFW or Bankruptcy board.

1/ if the house is repossessed will they sell at market value and give me the equity thats in the house? Yes, they are obliged to get the best price they can, though in a short time. You should get near market value. You will get the equity less costs.

2/can i do anything about the overpriced charges , i'e 60 pound for not meeting my payments on time. The charges were probably included in the terms and conditions of your mortgage and there may be little you can do about this. If you want to claim that the charges were "unfair" you may have to wait to the result of the court cases on bank charges that could take years - nothing that will help you now.

3/do i get the chance to go too court too explain my position, or do they just get the eviction notice without me being involved.Yes, go to court and plead your case. A sympathetic judge may give you more time.

4/ any ideas how i can stop this, i have spoken to them but they require 1600 now and another 800 on 1st september, i have 800 now and more money when earnt in sept.Put all your offers in writing, so you can show the judge that you are trying to make up arrears. You are more likely to be given more time if you can demonstrate that you will be able to pay more soon.

5/ any advise plse as i cant really afford a solictor You need a back-up plan. If the repossession is granted where will you live? If you are going to rent somewhere short term, it will be easier to find a place before repossession.

Remember, judges (and to a certain extent lenders) don't want to repossess. If you can show that you can tackle the arrears you are more likely to keep your home.

Good luck!

The_Eye_Of_Sauron

1/ if the house is repossessed will they sell at market value and give me the equity thats in the house? Yes, they are obliged to get the best price they can, though in a short time. You should get near market value. You will get the equity less costs. Agree


2/can i do anything about the overpriced charges , i'e 60 pound for not meeting my payments on time. The charges were probably included in the terms and conditions of your mortgage and there may be little you can do about this. If you want to claim that the charges were "unfair" you may have to wait to the result of the court cases on bank charges that could take years - nothing that will help you now. Agree.

3/do i get the chance to go too court too explain my position, or do they just get the eviction notice without me being involved.Yes, go to court and plead your case. A sympathetic judge may give you more time. Agree- I would go further and say that if you have reasonable prospects of paying of the arrears in a reasonable time, then the Court has the power to suspend any possession order, and this means that if you keep up the payments, you won't be evicted. In fact, the Court of Appeal in a case known as Norgan (Google it) has held that a 'reasonable time' can mean the entirety of the remainder of your mortgage term.

Put another way, if your arrears are £4000, and you have 10 years left on your mortgage, then 10 x 12 = 120 months would mean that following the rule in Norgan, the Court could accept repayment of the ARREARS at a rate of as little as £33.33 per month PLUS THE CURRENT MONTHLY INSTALMENT. This may just give you the breathing space to arrange a sale. Depends on your level of arrears and what you can REALISTICALLY offer. Judges were not born yesterday, so if your monthly income is £1200, you monthly mortgage is £800, its pointless trying to offer £300 a month- you have to buy food etc. Be realistic with your offer, but remember that the longer the term of your mortgage still to run, and the lower the arrears, the better the Norgan rule is for you.

An offer just to pay the arrears won't work at Court- Judges want to see the current payments made AND something off the arrears. If your lender refuses but the Judge agrees with your proposal, then what the Judge says goes. Many Judges will give people time to extricate themselves, but too often borrowers get this breathing space and don't keep up with what they have offered to the Court, which then ends the suspension, and the lender can apply to evict.

4/ any ideas how i can stop this, i have spoken to them but they require 1600 now and another 800 on 1st september, i have 800 now and more money when earnt in sept.Put all your offers in writing, so you can show the judge that you are trying to make up arrears. You are more likely to be given more time if you can demonstrate that you will be able to pay more soon. Offer what you can, and if they are stupid, trust the Judge to make a suspended order in your favour. Judges as a rule don't like heavy handedness, which is a characteristic of the sub-prime and centralised lenders (ie not generally the High Street lenders who tend to be more responsible)

5/ any advise plse as i cant really afford a solictor You need a back-up plan. If the repossession is granted where will you live? If you are going to rent somewhere short term, it will be easier to find a place before repossession. Most mortgage borrowers in arrears are unrepresented in Court. On a County Court possession day there is often a CAB advisor, or someone from eg Shelter to help. However, they tend to get a bit mobbed, so best to go see them at their offices for free advice BEFORE your Court hearing.

Don't give up hope- in this case, the Court system is there to protect and help you. Too many possession orders are made because borrowers bury their heads and don't turn up at/ can't face Court. There is no shame in it.