GMAC repossession claim

[angelsent]

Hi Guys

Just reading through this thread and can anyone advice on the procedure for me please.

My sister owes 3mths morgage arears of £2k she's in court on the 29th April for an 'Order For Possession' she is paying £900 Monday + £300 Friday so will only owe £800 arrears before the court hearing, can or will they still repossess her home?

Thanks for any advice given in advance

[Ell-enn]

Hi there, it is very very unlikely that a judge would grant possession for £800 of arrears. Has your sister returned the defence documents that she would have been sent a few weeks ago?

We can prepare a statement to take to court on the day detailing the payments she has made and how she is going to clear the remaining arrears.

Try not to worry too much, your sister's arrears situation is'nt bad enough for an order for possession to be made.

Kind Regards

Ell-enn

[angelsent]

Hiya


Thanks for reply, no my sister has been out of the country for 3wks due to her partners aunt passing away so has only just come back home to a Order Of Possession & date of hearing,paperwork just basically entails morgage deeds, amount payable every month for morgage, arrears outstanding of £2k but due to office closed today can only make the £900 payment monday morning then another £300 Friday...

She just dosent know whats expected of her with GMACs solicitors statement or if she needs to respond to this before the hearing on the 29th April.

thanks again for you quick reply

[Ell-enn]

Hi there, she needs to go to the hearing. You can enter defence papers up to a week before the hearing, but it is getting a little tight for time. I can draft a statement for her to take to the court to give to the judge, just let me know if you want me to do that.

Kind Regards

Ell-enn

[angelsent]

Hi Ell-enn


Thankyou so much really appreciate it, my sister said she had a few letters off GMAC and rang them up to try arrange extra payments for the arrears but they demanded £100 a week plus the monthly morgage payments to be paid on time and GMAC inturn would keep it out of the courts, but in a panic my sister agreed over the phone to this knowing that it would kill her to pay this much a week, basically bully boy tactics......

She's just really worried about the hearing but will tell her to calm down cos she's stressing me lol

[Ell-enn]

Hi there, tell your sister not to stress too much over the hearing. It will be held in a private room with just the judge, your sister and a representative for the other side. She will find that the judge will guide her through the hearing and almost all of them are on the side of the debtor. Many of the local courts have Citizens Advice advisors attending and if the court your sister has to go to has one of these advisors she can ask him/her to accompany her in the hearing.

If you let me have a little more information I will start to draft a statement for her to take with her. How did the arrears arise? How much is her normal monthly payment and how much can she afford to pay towards the £800 of arrears that will be left when she has made the payments next week?

Kind Regards

Ell-enn

[Bona]

I spent years fighting GMAC you will be allright the solicitor will be an agent and will have been given the papers the day before thats how they work honestly Ell-enn is right things will be fine

[angelsent]

Hiya

Thanks your a star

When she bought the house it needed renovating so she is renting and paying a morgage, house wont be finished for another 4mths to move into, so she just struggling for the short term paying for rent and morgage, plus car finance which she has had lowered for 3mths till she back on her feet with this.

Monthly payments = £578.03

I have lent her the money to pay some off the arrears next week and she says she can afford £50 extra a week for arrears, so £200 a month she wants to offer GMAC... not £100 they were demanding.

Thanks

[angelsent]

Thanks Bona for that will tell her x

[Ell-enn]

OK, that's great - I'll work on the statement and get back to you tomorrow. £200 a month is a lot to pay towards the arrears on top of the mortgage payment, your sister needs to be absolutely sure she can keep that up for 4 months. If she is in any doubt she should only offer £100 for 8 months (which is a very reasonable amount), in case an emergency crops up and she finds herself short again one month and has to go through this rigmarole again.

Kind Regards

Ell-enn

[Bona]

Why dont you offer £100 and get that agreed if your sister has extra money she can always pay more but if something happens and she cant pay it all she wont be in trouble Ellems right

[angelsent]

Hiya


Yes your both right i think she just wants to pay all the arrears off and is in a bit of a panic at the moment thinking come the 29th the judge will side with GMAC and a date would be set to repo the house.

Not only that they sting her every month £50 for late payments which they add to the morgage.

[Ell-enn]

To put this into perspective - if the judge sides with GMAC in this case I will stand naked in our local co-op window

[angelsent]

Arhhh thanks for that cheered me up and again thanks for your help my sister will be very greatful for all the help and advice

[Bona]

I agree there is no way the Judge will side with GMAC they have a reputation with DJ and it is not good I will be joining Ell-enn if that happens he will need to be certified so dont worry

[Ell-enn]

Angelsent - I have sent you a PM