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Mortgage Express - Outright Repossession Order - help!


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I had about £4,200 mortgage arrears and a few broken payment arrangements with Mortgage Express, so they decided to repossess. We got the court papers through and I knew that I could call on family to help pay off the arrears or at least some of them. In the end I was able to make a payment of £2,300, leaving a balance of just under £1,900. When I made the payment I asked Mortgage Express if they would consider making an arrangement and cancelling court action, but they insisted that it would be better to bring it to court and get a court-backed payment arrangement.

 

As I had hoped to clear the arrears so that the matter wouldn't go to court, I was badly prepared for the court hearing and the judge decided to award an outright possession order to Mortgage Express. He decided that my income was insufficient to even make regular payments, let alone clear arrears so decided outright possession was the answer. I really felt that he was very condescending and in direct contrast to two other judges I have had to interact with in regard to a loan last year. I tried to explain that the reason for the problem was no income for the last 3 months and that I was expecting money through in the next few weeks, but his response was "too many if's and maybe's".

 

I felt he had no regard for what I said, that I have 4 children, that I fully expect to be able to clear arrears, etc. so the question is, what do I do now? He has given 56 days to vacate our property and has given no consideration to the fact that rent will cost twice as much as our monthly mortgage payments.

 

If I had known this was going to happen I would have taken out payday loans at astronomical interest to clear the mortgage arrears and then worry about paying them back later - the interest would be lower than the £600 court fees I now need to pay as well.

 

Any helpful insight or advice would be much appreciated.

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If you think you can genuinely afford the payments, and can prove that, then I suggest you contact your local authority and ask about their mortgage protection fund. It is public money that the local authority can use to help people clear or reduce their arrears IF they will not get into trouble with payment again in the future.

 

Your arrears are relatively low, so the LA may decide it is cheaper to pay the arrears for you than to get an application to rehouse you and your four kids.

 

Contact them and see what they say - if they agree to give (or lend at a low rate of interest or no interest) the money, then they can put that in writing and you will be able to make a stay application to the court on form N244 to stay any eviction once the warrant is executed on the PO you received today.

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I had about £4,200 mortgage arrears and a few broken payment arrangements with Mortgage Express, so they decided to repossess. We got the court papers through and I knew that I could call on family to help pay off the arrears or at least some of them. In the end I was able to make a payment of £2,300, leaving a balance of just under £1,900. When I made the payment I asked Mortgage Express if they would consider making an arrangement and cancelling court action, but they insisted that it would be better to bring it to court and get a court-backed payment arrangement.

 

As I had hoped to clear the arrears so that the matter wouldn't go to court, I was badly prepared for the court hearing and the judge decided to award an outright possession order to Mortgage Express. He decided that my income was insufficient to even make regular payments, let alone clear arrears so decided outright possession was the answer. I really felt that he was very condescending and in direct contrast to two other judges I have had to interact with in regard to a loan last year. I tried to explain that the reason for the problem was no income for the last 3 months and that I was expecting money through in the next few weeks, but his response was "too many if's and maybe's".

 

I felt he had no regard for what I said, that I have 4 children, that I fully expect to be able to clear arrears, etc. so the question is, what do I do now? He has given 56 days to vacate our property and has given no consideration to the fact that rent will cost twice as much as our monthly mortgage payments.

 

If I had known this was going to happen I would have taken out payday loans at astronomical interest to clear the mortgage arrears and then worry about paying them back later - the interest would be lower than the £600 court fees I now need to pay as well.

 

Any helpful insight or advice would be much appreciated.

 

I take it this was in County Court with a District Judge?

 

You can appeal, more knowledgeable will come on and help. Can't believe a judge has done this on such low arrears.

 

I have a repossession on going and the district judge would not listen and did not read anything, just took the word of the other sides barrister,. We did not even get time to speak, I actually laughed at him! we have had one hearing in front of a circuit judge and it has been adjourned .

 

APPEAL

 

Personally I would not even bother trying to make a deal with them, they won't listen.

 

All is not lost, PM if you need any help. I keep of the open forum as much as possible as they know who I am and they they watch the forums.

 

LL

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I had about £4,200 mortgage arrears and a few broken payment arrangements with Mortgage Express, so they decided to repossess. We got the court papers through and I knew that I could call on family to help pay off the arrears or at least some of them. In the end I was able to make a payment of £2,300, leaving a balance of just under £1,900. When I made the payment I asked Mortgage Express if they would consider making an arrangement and cancelling court action, but they insisted that it would be better to bring it to court and get a court-backed payment arrangement.

 

As I had hoped to clear the arrears so that the matter wouldn't go to court, I was badly prepared for the court hearing and the judge decided to award an outright possession order to Mortgage Express. He decided that my income was insufficient to even make regular payments, let alone clear arrears so decided outright possession was the answer. I really felt that he was very condescending and in direct contrast to two other judges I have had to interact with in regard to a loan last year. I tried to explain that the reason for the problem was no income for the last 3 months and that I was expecting money through in the next few weeks, but his response was "too many if's and maybe's".

 

I felt he had no regard for what I said, that I have 4 children, that I fully expect to be able to clear arrears, etc. so the question is, what do I do now? He has given 56 days to vacate our property and has given no consideration to the fact that rent will cost twice as much as our monthly mortgage payments.

 

If I had known this was going to happen I would have taken out payday loans at astronomical interest to clear the mortgage arrears and then worry about paying them back later - the interest would be lower than the £600 court fees I now need to pay as well.

 

Any helpful insight or advice would be much appreciated.

 

This is thoroughly disgraceful. And you paid down a massive chunk of the arrears too! What suprises me even more is that Mortgage Express is administered by UKAR the organisation formed to manage these mortgages on behalf of the taxpayer as it's owned by the main shareholder, the government!. How can they then decide to take you to court to repossess when they even more so, than other 'lenders' have a duty to keep you in your home and help you.The irony of them having a government scheme to help pay down arrears and keep you in your home and then on the other hand having a government owned mortage co reposess your home is ludicrous.

 

Can someone from SITE TEAM try and direct some help and guidance here or someone with expert reposession knowledge such as Ell-en?

 

Did the Judge ask to see an income and expenditure form? Also from my very limited knowledge isn't there a 'Norgan' case which courts need to take note of in terms of affordability and payment of arrears over a reasonable period. Can any other cagger advise?

 

Can't Mortgage Express capitalise the arrears or if you are on a repayment mortage, switch to interest only for a period of time until arrears cleared? They have a duty to help you with options like this.

 

I wish I could help, this is truly awful and having four kids to deal with as well can't be easy. I think some Judges reside on their own planet!

 

I am sure someone experienced from CAG can advise best way forward to fight this!

 

Good luck and try not to worry too much (I know that's easy for me to say) but remember you have CAG members on your side!

 

I have hit the triangle for you for help.

 

WP

Edited by Winged Piglet
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WingedPiglet,

 

Leah has responded with excellent advice. Will leave alert for others on the site team.

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As Leah says, contact your local authority first and see what they can do for you. Failing that, come back here and we will try to advise further. I expect ME thought the judge would give a suspended possession order (and it is unusual for an outright order to be granted at the first time of asking). You could write to ME asking for them not to enforce the judgement (i.e. not to issue an eviction warrant) as you are able to pay the arrears, of course you would have to give them some assurance that you would be able to make normal payments going forward.

 

It's a shame you didn't come here when the court papers arrived, we may have been able to help you with a statement etc.

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Can someone from SITE TEAM try and direct some help and guidance here or someone with expert reposession knowledge such as Ell-en?

 

WP

 

I think I pretty much fulfill the 'expert repossession knowledge' criteria. Or at least, I hope I do, since I not only do it for a living, but train others to do it too. If I fail that criteria, then the thousands of cases we have dealt with in our scheme have been mere figments of our imagination. :-D

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OP - all is not lost. Contact the local authority as I suggested, and then as Ell-enn suggested come back here for a bit more help. It is entirely possible for you to appeal the decision, however you will have to show proof of affordability, which the judge at your recent hearing clearly decided was an insurmountable issue.

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Thanks for your help everybody. I have contacted my local council about housing options and financial assistance. They have phoned to get some basic details and need to do a phone interview with me in the next day or so. I have also looked at www.entitledto.co.uk to see if we are eligible for any benefits and it seems we may be eligible to JSA and housing benefit, given our circumstances and income. I really don't like the idea of claiming benefits, but I have worked solid for the last 3-4 months with no income whatsoever, so with this possession order looming over us, claiming benefits is an option we need to consider until my paid income starts to increase again.

 

I will post another update soon, but please let me know if anything else springs to mind. Again, many thanks to everybody who has taken the time to offer advice so far.

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You won't be entitled to housing benefit as that is for rented properties. You may, however, be entitled to claim the DWP statutory mortgage interest support IF you are entitled to claim JSA. But that is not payable until 13 weeks after you sign on and will only cover the interest rate on your mortgage up to a maximum interest rate of 3.67%. So in combination with that you will have to ask your mortgage company to put you on interest only if you have a repayment mortgage or find the shortfall between what the DWP will pay and what the monthly instalment is. If your interest rate is above the level indicated, then the money you can claim will not cover even the interest only element of your loan, so there may be a shortfall to find even if you are entitled to SMI.

 

That said, if you return to court with details of your applications to the local authority for financial assistance with the arrears, and your claims for benefit, the judge may decide to stay the eviction until it is clearer about what you will be able to afford. But the judge will take into consideration whether or not your property has any equity in it, as if it doesn't, then the mortgagee will be unduly prejudiced by a delay and their security will be at risk. If there is equity - even as little as 20-30k, it is arguable that a 13 week wait for SMI to come through won't make a massive difference to them.

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My mortgage interest rate is 2.5% and it is already interest only, so assistance with mortgage payments in whatever shape or form, would greatly assist and cover the full mortgage payment each month. In terms of equity, there is £80k-£100k equity in the property.

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  • 4 weeks later...

If I can pay the full arrears, will they let us stay in the property? I have just had a friend appeal an eviction order and he has been told it depends on the lender and in his case, the lender wanted the property, so the bailiffs are evicting him right now!!

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It doesn't depend on the lender - it depends on a judge. Did your friend have a hearing in court to try to overturn the eviction? was he able to make payments towards the arrears ?

 

If you pay the full arrears then there can be no eviction.

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he went to court with the ability to pay £2,000 from a £6,000 debt and gave the judge a contract to show he had £9,000 profit coming in over the next 3 months from a building project - the judge told him it was too late and that as the lender wanted the property, there was nothing he could do to stop it.

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I don't think you've got the full story there - just because the lender wants the property doesn't mean the judge has to give it to them, it's always the judge's decision - had your friend been in this position before ?

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My friend has never been in this position before.

 

The background is that he tried to attend the repossession hearing in June but misread the documentation and turned up at the wrong court.

 

The court he turned up to notified the correct court but they ruled against him anyway.

 

He was then given 14 days (not 28 or 56) to vacate the property.

 

Then a warrant was issued and he was given today at 12pm as the eviction time and date.

 

At the advice of his solicitor, he completed the N244 and dropped it into the court on Friday, together with a signed contract showing he has a new building job starting this week.

 

He attended court today at 2pm and the baliliff was put on hold, pending the outcome.

 

He is married with a 7 month baby, has been given £2k today by his mother to clear arrears and gave the judge a payment proposal for the remaining £4k arrears.

 

The judge then told him it was "out of his hands" because it had gone too far and the lender (Bradford and Bingley) wanted the property.

 

This doesn't make sense because the mortgage balance is £250k and the property is worth £210k, so they would sell at a loss.

 

Any urgent advice would be appreciated.

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  • 2 weeks later...

I have been given a cheque which will enable me to clear the full arrears.

 

I will be paying it in tomorrow so it should clear on Thu/Fri.

 

My mortgage company have confirmed that if the arrears are cleared by 30th August they will take no further action.

 

I just want to check if there is still a risk of losing my property if all arrears are cleared before the end if the 56 day period ie before we are due to leave the property. Thanks, D

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Full arrears paid off today but apparently the possession order stats for 6 years and can be reactivated if I fall into arrears again. Can I apply to the court to get this stayed or should I establish a track record of payments before doing this?

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You need to establish an excellent payment record for at least 6 months - preferably longer, before applying to the court to have the SPO lifted.

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Full arrears paid off today but apparently the possession order stats for 6 years and can be reactivated if I fall into arrears again. Can I apply to the court to get this stayed or should I establish a track record of payments before doing this?

Why would this be a problem? Are you envisioning further payment difficulties?

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  • 8 months later...

Are the arrears cleared now ?

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It might be better to wait till you have a full year of regular payments before applying to the court to have the suspended possession order lifted - even then it's not guaranteed as the lender has a say in whether it is lifted or not.

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