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Old 17th April 2008, 12:01   #1 (permalink)
nosi28
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nosi28 Novitiate
Default Possession Order Money Judgement?

Hello

I am very stressed so apologies in advance if this doesn't seem entirely coherent.
I have built up a substantial amount of mortgage arrears and have been given a possession order which expires on the 23rd of April(next Wednesday). The letter I received from the court states that I have to pay the entire balance of the mortgage £197000 by next week. I am now in a position to clear £10,000 of the arrears, but when I spoke to the lender (Preferred) they said that I had to clear all of the arrears before next week and that I could not make an arrangement.

I am so confused and I know i have left it very late.
I went to the court yesterday with an N244 form, but they wouldn't let me file it because they said no eviction warrant had been issued.
I don't know how best to proceed or what to do,or in fact know what will happen after next Wednesday.

Any ideas would be most welcome.

Nosi
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Old 17th April 2008, 13:11   #2 (permalink)
Ell-enn
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Default Re: Possession Order Money Judgement?

Hi there, try not to panic. I assume you've already been to court over this? did you file a defence and attend the hearing?

If you are in a position to pay a lump sum off the arrears, there is a very good chance that - when you get an eviction date - you can apply for a suspended possession, and we'll deal with the paperwork at that stage.

How much are the arrears?

Kind Regards

Ell-enn
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Old 17th April 2008, 13:27   #3 (permalink)
vickson
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Default Re: Possession Order Money Judgement?

Hi Nosi

I am no expert on this but just offering support, I have been through this and will probably go through it again very soon, but dont lose hope. I am in the same situation but dont have ten grand to pay GMAC neither do I have any family in this country but just a few friends who can not help me at all and whom I have not told what is going on.

Maybe you can spread the payments over the term of the mortgage. Last time I went to court the judge accpeted this, not sure if he would be so willing this time. Hwen I went for the review 3 months later GMAC didnt even show up and the judge just said there is no further order, it took less than 5 minutes. I am just in limbo now waiting to see if they have filed for another eviction order and dreading the moment it will come through the door.
I dont think you can do anything untill this comes through.

Last edited by vickson; 17th April 2008 at 13:39.
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Old 17th April 2008, 15:22   #4 (permalink)
nosi28
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Default Re: Possession Order Money Judgement?

@ Ell-enn
Thanks for your post. I went to court about 4 months ago, and it was adjourned pending more information( I don't think the solicitor for the lender had done their paperwork properly). When I went back in February, the judge ordered outright possession and also a money judgement for the full mortgage balance. (I only received a copy of this in the post about 1 week ago, so I didn't know about that. The possession was suspended for 56 days.
I did have a buyer for my property which has now fallen through, so I'm back to square one.

All the way along, people I've spoken to at Preferred have kept on saying I had to repay the full amount of the arrears which is approx £16000 as of last month, but I came onto this site about a week ago, and it now looks like I might be able to make an arrangement according to some of the posts on here. Had I known this, I would have done it earlier.

The full arrears are £16000. I have £10,000 I can pay towards it, and a ghost of a chance of getting another £2-3000. I'm scared of waiting for the eviction notice to come through because if I understand the court document right, a CCJ of £197000 will be registered against me and that will be it?
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Old 17th April 2008, 17:37   #5 (permalink)
Bona
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Default Re: Possession Order Money Judgement?

Dont worry about the money Judgement it is a formalaty we had one against us If you can pay the arreas or most of them then the \judge will suspend possession under terms or dismiss it if its paid pay what you can as soon as you can and see if they apply for an eviction date they may not when you have paid the lump sum work out how much you can pay each month to pay of the 6 grand of and then offer those payments and see if they accept
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