Repossession proceedings

Nevermind309

hi

my wife still has a mortgage on her old home with her ex partner
who was renting the property out but has stopped paying the mortgage last august (for more insight please see previous few posts)

very long story short, the letter from the bank telling her that reposession proceedings will start in 15 working days came a couple of weeks ago and i am just wondering what will happen next and in what order?

will my wife be expected to pay and court fees when she attends ?

she lives in my house, she is on maternity leave and isn't in a position to sort out £6000 arrears her ex husband has got into she just wants rid of any connection to him and it seems that that will be by way of reposession..

TBagpuss

She would be wise to attend as that way, she will know what is happening.

If there are arrears and repossession is sought, then normally a court will grant the repossession order unless they are satisfied that the arrears will be paid within a reasonable time.

If the house is repossessed then the mortgage co. will normally get the outstanding mortgage + arrears + costs and the balance would then go to the home owners. If your wife feels that the proceeds should be split differently (e.g. that the arrears should all come out of her ex's share of the money then she may need to get legal advice - I am not sure whether a court dealing with a repossession could make an order on those terms although they might be able to record an agreement, if one were made.

Even if her approach is that she doesn't much care, she should still go along so she knows what is said, and what orders are made and on what terms. Otherwise she could find that her ex negotiates a longer period with the lenders and ends up building up further debt or costs.

Nevermind309

Thanks for that, i have told her she should go but she does not want to come face to face with him after everything he has done to her, the house is his last connection with her and last piece of control he has over her, not sure she will go to be honest.

There are tenants in the house he lives elsewhere as well so just looking in the direction of let it get taken from them and what will be will be with regards to shortfall etc...

Thrugelmir

Nevermind309 wrote: »

Thanks for that, i have told her she should go but she does not want to come face to face with him after everything he has done to her, the house is his last connection with her and last piece of control he has over her, not sure she will go to be honest.

Id have thought the other half is the one unlikely to attend the hearing. Given the mortgage hasn't been paid in a year.

fatbelly

The court's default position is a 28-day possession order.

Following that period the lender will apply for a warrant and the court bailiff will give notice that he will attend at a specific date and time, with a locksmith.

The lender will then try to sell the property. It can be a very drawn-out process.

Nevermind309

Just bringing this thread back to life and after some advice please...

My wife has finally had a letter through telling her that bank of scotland have instructed tlt to issue court proceedings for reposession and have enclosed an income and expenditure analysis form with the arrears statement, my question is does she have to fill this in and return ? she is not in a position to sort out the arrears and the old house is now vacant so the mortgage will continue to go unpaid

She is on maternity leave and not going back to work at this point in time, her statutory maternity pay covers her outgoings and her payment to me each month for living in our (my name only) house so she does not have any spare money

Is this just something that she can ignore for now and await the house sale and see what the difference is outstanding and go from there ?

Thank you

fatbelly

No, she doesn't have to fill them out. To be honest, when I used to run a court desk, those forms caused more problems that they solved.

As I understand it, she just wants to be shot of the whole thing. It is worth attending and explaining this face-to face with the TLT rep and the judge.

Although I said earlier that the default position is a 28-day possession order, the judge could grant immediate possession to the lender which would move things on faster..

Nevermind309

Great stuff, thanks for the reply, appreciated.

Nevermind309

A little update on this one - my wife attended the court, answered all the questions and was told the repossession would happen 27/12/17.

Here is the worrying part...

the letter from her mortgage company had her (my) address on it as well as her ex's address where they have been sending his letters, so we worked out that he has received a letter at his parents house that has his ex wifes (my wife) current address on it ! she has said numerous times over the phone to the mortgage people that under no circumstance should he ever be told of her new address as she has had to move 2x from houses he found out the address of, surely this is a huuuge error from the mortgage co, i am not sure what to tell her to do about it, anyone any suggestions?

fatbelly

In the first instance you complain to the mortgage lender.

Have the police or social services ever been involved?

Nevermind309

Hi - yes she has called them about him once before and they warned him about harassing her, that's the only time I remember

My wife complained to them yesterday and they are squirming already, offered her £100, went up in £100 stages up to £400 and my wife had to hang up as our daughter was screaming her head off, she was asked to ring them back to sort it out asap, I am just wondering if she threatens them with legal action she will have a bit more to play with with regards to compensation or just state a figure and see what they say