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Old 28th July 2008, 15:29   #1 (permalink)
Multay
Classic Account Customer
Default Just been notifed of Repro Order but house has sold!!

Hi,

I split with my ex 18 months ago and was paying half of the mortgage.
To cut a long story short I finally managed to sell the house a couple of weeks ago, but recieved a court order through the post on Saturday morning telling me the mortgage company had been granted a posession order.
She didn't tell me the mortgage wasn't being paid and I knew nothing of the court hearing as I had no communication.

The order said that we had to hand over the property by the 21st.July or pay off the mortgage. The house sale completed on the 17th.July and I thought everything was fine - Until I got the letter on Saturday.

My question are:
What do I do now, anything?
Do I need to contact the court or is the matter settled as the mortgage is paid off?
Can I get the judgement overturned as I knew nothing about the hearing?
What effect does this have on my credit file - I would expect it's pretty bad?

I really didn't expect this, so I am at a bit of a loss.

Any help would be greatly appreciated.

Thanks,
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Old 28th July 2008, 17:23   #2 (permalink)
Enfieldian
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Default Re: Just been notifed of Repro Order but house has sold!!

Hmmm,

I would have though that everything will have been settled.

Your solicitor would have requested a completion satement from the Building Society which would have told them how much was outstanding and had to paid to them, then deduct his and agents fees...

I guess that reposession proceedings were being handled by a different department and it is a case of "right hand, left hand..."

May be worth giving them a call to check that there is nothing outstanding though, all arrears were paid off and get it in writing....

Not sure about the rest of the queries you raise though...
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Old 28th July 2008, 17:26   #3 (permalink)
Multay
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Default Re: Just been notifed of Repro Order but house has sold!!

Well, I did get settlement documents from my solicitors that confirm everything is settled - I just wondered what (if anything) I could do about the order...

I should have made sure everything was covered but I trusted my ex to do it...More fool me...
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Old 28th July 2008, 17:50   #4 (permalink)
sillygirl1
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Default Re: Just been notifed of Repro Order but house has sold!!

Go to the court and ask for a 'wasted costs' order against the mortgage company, They will have slapped on at least £1000 or more on the final price they had. The left knoweth not what the right is doing with these companies, offices in different places not talking to each other is the root cause. We, their customers suffer for it.
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Old 28th July 2008, 19:12   #5 (permalink)
repoman
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Default Re: Just been notifed of Repro Order but house has sold!!

Normally the least time for possession a judge would give is 28 days, so I'm surprised you only received an order on Saturday (the 26th) saying you'd have to give up possession by the 21st July. So possibly the hearing was a lot earlier - the back end of June. Therefore I think a "Wasted Costs Order", particularly when such matters are contractual and there is little courts can do about them, is unlikely.
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