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Repossession order - Help!
Comments
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Surely adjourned only means the case has been postponed to a later date? I think suspension of the possession order is what I was thinking of.neverdespairgirl wrote: »"Adjourned", is the word I think you are after?
A house isn't a home without a cat.
Those are my principles. If you don't like them, I have others.
I have writer's block - I can't begin to tell you about it.
You told me again you preferred handsome men but for me you would make an exception.
It's a recession when your neighbour loses his job; it's a depression when you lose yours.0 -
sillyvixen wrote: »:rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl:
I'm not sure why this is so funny. Could you explain please sillyvixen?0 -
cause he dissesd me for making a mistake ( i was refering to the fact the bank would have tried to contact the landlord several times before sending letters 'to the occupier') and he could not remeber the word adjourned!!
yeah petty i know.. but not as petty as some on this site!!Dogs return to eat their vomit, just as fools repeat their foolishness. There is no more hope for a fool than for someone who says, "i am really clever!"0 -
sillyvixen wrote: »yeah petty i know.. but not as petty as some on this site!!
Yeah things seem to be getting a little out of hand in that way.
The post you refer to doesn't seem nasty to me. She's a lawyer and so knows knows the jargon. I work in finance and so would similarly correct anyone mistaking for example compound and simple interest.0 -
BobProperty wrote: »Surely adjourned only means the case has been postponed to a later date? I think suspension of the possession order is what I was thinking of.
Not necessarily, it covers a multitude of evils.
A case can be adjourned indefinintely, with liberty for either side to apply to bring it back, for example....much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.0 -
Careful, you'll have silly people pointing out you can't spell indefinitely.neverdespairgirl wrote: »Not necessarily, it covers a multitude of evils.
A case can be adjourned indefinintely, with liberty for either side to apply to bring it back, for example.
Back on topic. The mortgagor gets a possession order but the mortgagee negotiates a deal to pay off the arrears (or similar). Does the judge suspend the possession order and adjourn indefinitely? I know there is a scenario where the mortgagee stays and keeps paying but the mortgagor somehow keeps hold of the possession order but doesn't enforce it unless things go wrong again. The mortgagor then goes back to court and asks for the order to be "unsuspended" again, or whatever the legal phrase is. They do this for two reasons, one it's quicker and two it's cheaper. Presumably because they don't need to represent the mortgage details and arrears details to a court all over again. It also, perversely, is better for a repossessed mortgagee, as they have to pay the costs involved.A house isn't a home without a cat.
Those are my principles. If you don't like them, I have others.
I have writer's block - I can't begin to tell you about it.
You told me again you preferred handsome men but for me you would make an exception.
It's a recession when your neighbour loses his job; it's a depression when you lose yours.0 -
I know there is a scenario where the mortgagee stays and keeps paying but the mortgagor somehow keeps hold of the possession order but doesn't enforce it unless things go wrong again.
This is the suspended possession order; it allows the mortgage company to get possession much easier if the borrower breaches the agreed repayments.
It means the borrower has to take action to prevent the repossession taking place as the court have effectively agreed to the repossession if the new payment schedule is breached.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.0 -
As Silvercar says, the term normally used is that the district judge grants a suspended possession order.
This allows the borrower the time they need to repay the arrears and/or stick to any arrangement. If the arrangement is not kept to the lender applies for enforcement of the possession order. AFAIK, orders are normally suspended for 6 months with the lender having to apply for possession again after that point if the arrangement is kept to. They have to prove that the mortgage has been breached again rather than just ask for the suspension to be extended AFAIK.
I dare say that the DG may have discretion and some orders may be suspended for more or less than 6 months.
I had a case recently where the borrower could prove they had a cash buyer and the DG granted possession for 56 days' time rather than the 'normal' 28 to allow the sale time to proceed. Again I believe the term used was suspended although I suspect there will have been a difference in law as the possession order was issued AFAIK.
Then there is the use of the N244 to delay or suspend possession. All will have their own terms in law (including for example adjourned) but the effect is essentially the same.
In terms of the OP, I would be really surprised if any less than 6 months arrears were involved and the LL will have, at best, a suspended possession order. Even if the arrears have been repaid in full, the lender will want the protection of a shorter route to possession should the LL fall into arrears again in the short term.
I would be surprised if the court will give them any details about the case and they are, to an extent, dependant on the LL being frank (which I don't think they have been so far).
A lender has the right to apply to the court to have any rent paid direct to them rather than the LL, but AFAIK this right of assignment (probably the wrong legal term :rolleyes: ) is normally only applied for/granted after the possession order has been enforced but I would not be surprised if they get something to that effect.
I would start looking for somewhere else to live, unless you are satisfied that it is a genuine 'blip' - which it can be.I am an IFA (and boss o' t'swings idst)You should note that this site doesn't check my status as an IFA, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.0 -
She's a lawyer and so knows knows the jargon. I work in finance and so would similarly correct anyone mistaking for example compound and simple interest.
I certainly wasn't trying to be nasty - just fill in the blank....much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.0 -
BobProperty wrote: »The mortgagor gets a possession order but the mortgagee negotiates a deal to pay off the arrears (or similar). Does the judge suspend the possession order and adjourn indefinitely?
No, it's not an adjournment, because the order is made; in this case, a suspended possession order, with the suspension depending on the mortgagee keeping up the ordered payments.
"Adjourned" doesn't necessarily mean "suspended" either - for example, in a hearing of any type which lasts more than one day, the court will adjourn at, say, 4.30pm, until 10am the next day. Or will adjourn at 1pm until 2pm for lunch....much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.0
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