repossesion hearing need help!!!

ryansmum_2

First time poster and i need some help please.

I have a repossession hearing on Tuesday and am really unsure of what to do. We are 2 months in arrears due to our young daughter being in hospital and me having to take unpaid time off from work. Our mortgage company have been kept fully informed but have been unable to help. We decided to sell our house and take out the equity and clear all our debts and mortgage and then rent. Everything was going OK we were suposed to exchange yesterday and the mortgage company said they would suspend the hearing for a month to allow us to complete. we didn't exchange and the only delay was that our mortgage company have not provided a redemption figure despite daily request from our solicitor.

Have no idea what to expect on Tuesday, haven't completed any paperwork as wasn't expecting to go or sought any advice. would apprecaite any help or advice.

Have also posted this on DFW really need some help

teeni

You need to attend the court and advise the judge why the sale fell through. IF you can make the ongoing payments and a small payment towards the arrears the court can suspend the possession even when the mortgage company disagree if you can show that you could pay the arrears within a reasonable time. case law on this has shown that reasonable start point is full length the mortgage has left to run.) IF you cant meet the repaymenta at this time because of your daughters health tell the court that , but advise when you intend to return to work and will be in a position to meet the repaymetns and the arrears.

At the hearing the judge will ask the rep for the mortgage company what they are requesting, the amount that is owed and what the arrears are, Judge will then ask you for your comments.

before giving his decision.

Hope this helps, If you ring shelterline on 08008004444 they will go through process with you and help formulate what you should be saying .

good luck

Teeni

ryansmum_2

Sorry if I was unclear sale is still going ahead and set for completion on the 28th April, we just have not exchanged in time to stop hearing. All we are waiting fr to exchange is redemtion figure for mortgage

teeni

Sorry that was not clear in that case if you can show the court evidence that the sale will go ahead they can either adjourn the hearing for the sale to complete or give possession in 28 days, possession is always granted for 28 days after the hearing so you should not have a problem, once the date for possession has passed if sale still not gone ahead then mortgage company have to apply for a bailiffs warrant before you have to leave and you can apply to suspend that if necessary to allow a sale to go ahead. Until bailiffs warrant expired the property is still under your control not the lenders

The court can order the lenders to provide redemption figure if you tell the judge that is all that is holding up the sale, and in that case i would ask for an adjournment for them to provide the information and allow sale to go ahead.

Supermom

2 months in arrears, with which mortgage company ?

Do they really go to reposses after such a short space of time?

Just want to say good luck, hopefuly you'll have a reasonable judge

teeni

unfortunately some mortgage lenders do often the sub prime ones although I dont know if that is the case with this lady,

Judges do not always take kindly to app for possessions with only 2 months arrears as lenders are supposed to negotiate and try and solve problems prior to taking action.

In this case seeing as a sale is imminent and the only thing holding it up is the mortgage compant that istaking possession action i would think the op would have a good chance of gatting an adjournment rather than a suspended possession order if they have evidence form there solicitor confirming this is the only thing holding matters up. I would consider asking the court not to award costs given that the reason for the delay The judge can only say no.

The most important thing is evidence that this is the only reason for the delay