Eviction advice

[MichelleK]

I have recently had a notice that I am going to be evicted on July 29th at 11.30am. I went to court today to hand in my N244 form, and the earliest date they could give me for a hearing is July 29th at 10am! They have said that the judge could still order the eviction to take place at 11.30am, but I would have no chance of being able to get back to where I live in time to get my stuff. (The court is in a nearby town) I'd also have no time to organise somewhere else to move to.

I am currently in the process of selling my house, I am going to be renting the house from the buyer. He has a mortgage in place, and we are basically waiting to exchange contracts, but the solicitors seem to be dragging their heels about sending us the paperwork, and that is even though they know about the eviction, and they have me calling them daily to chase things up. I have been told that the judge won't let the eviction go through as I have a buyer, and we are basically just asking for more time for the sale to complete. However, after being told the hearing is going to be just 90 minutes before the eviction is due to take place, I am now really worried, especially as I have two young children - they are 10 and 8.

Does anyone have any advice for me? I'd really, really appreciate it.

Many thanks in advance.

[Bona]

The 29th is tuesday Ell-en is away at the moment but I think will be back on Saturday but any way before that date she can help you Have you given the Judge all the details of the sale how far behind are you whos the mortgage company what are your arreas and when did you last make payment if you can answer these things Im sure we will be able to help

[The Plough]

I would be calling my mortgage Company and letting them know the hearing is taking place that day.

I would have thought with you already having a buyer there would be some consideration.?

You must also cover your call with a recorded delivery advice ASAP and take a copy of that letter to court with you to show you have told them that day you will be in court.

Hopefully some one here will help you write a letter.

If not just put the facts and say if you are given extra time for the eviction to take place, and they go to your house, then they will be going against a courts decision.

Which won't be good for them I'm sure.

Why is the sale taking so long,? I hope your buyer isn't hoping to get it at a reduced price once its been repo'ed.

could you also get a letter from your solicitor to take to court advising the sale is in process.?

[MichelleK]

Thank you so much for replying.

I do have a letter from my solicitor saying that they are representing me in the sale. The mortgage company is Capstone, who, apart from one chap, have been really aggressive when I talk to them. I'm 3,900 in arrears, and my last payment was in May.

[MichelleK]

Sorry, The Plough - I was replying to Bona at the same time you were replying to my original post!

The original seller lost his Father just before we were due to sign the contracts, and basically went AWOL. I then found another buyer, and this sale has only been going through for three weeks. My seller was expecting to exchange contracts this week as well, but we're still waiting on the solicitors!

I was told by the lady at the court that they would tell the bailiffs that I was at court at 10am, but that, if the judge decided to let the eviction go ahead at 11.30am, then it still would.

[Bona]

can you pay anything of the areas
When are you likley to exchange

[Bona]

Dont panick There is law that if the arreas can be paid within the terms of the mortgage then they suspend as your arreas will and as long as you can show that the exchange of contracts will be iminante then you should be fine

[MichelleK]

I can only pay 500. We were expecting to exchange this week.

[MichelleK]

Yes, there is more than enough money from the sale to pay the mortgage and all of the arrears off.

[Bona]

Look at the link on 3 post on Did you hear radio 4 today on this site about 6 down it mak make you feel batter
Also write to capstone recorded deliver and ask them to agree to anadjournment of the hearing and a stay of the warrent of exicutuon while you exchandge tell them that if you are evicted they effect a sale which is less than yours you will sue them for the difference