message to patrickq1 can you please contact me on [email protected], I wish to discuss a matter concerning MX which I cannot at this time make public on this forum. It may help all those fighting eventually.

sorry another point I forgot to mention, when the LPA's evict the tenant you become responsible for the council tax, you have no access to the property or any means of making income from the property but the LPA's have no responsibility to pay the council tax and neither does the lender. The council will take out a liability order against you for none payment. They have it all ways and Mortgage Express sneak into the terms and conditions which I am sure your solicitor never pointed them out to you even more conditions to remove your rights under the law of property act 1925.

We were in a simmilar position Mortgage express appointed templeton on a property of ours which was two months in arrears, they put a tenant in at below the market rate. Mortgage express had purchased this mortgage from GMAC and at the end of the 3 yr fix it was to revert to the SVR. Mortgage express have a seperate SVR for mortgages they purchased from other lenders linked to LIBOR. this had the effect of doubling the interest charged each month. Their SVR for properties bought through MX is 2.25% mortgage bought from other lenders is 4.75% Because of this arrears built up under templeton to £7,000+ they evicted the tenants and sold the property at £40,000 below value in todays market. The original mortgage was £133,000 we were told with costs we owed £142,000 but have now been landed with a shortfall debit of £106,000. Have no idea how this figure was arrived at, but as this has just happened we have yet to find out. The courts have to except that once appointed the LPA are you as the Law of property act says that. you have no rights and cannot without the permission of the LPA put a tenant into the house. Yopu have to work with them or they will evict and charge you all their costs, which as they do not have to pay they rack up. Contact you M. P. contact you euro MP, contact the justice department, the press and money bax live. Anything you can do to alter this act which only goverment owned mortgage companies use. Also complain to the regulator for the LPA or its parent company, kick up as much fuss as poss. Keep your chin up it is a nightmare but others know what you are going through and can say you are not alone.

The only thing I can suggest is that you appear in the court and inform the judge of everything that has gone on, however the L. P. A. act 1925 allowes them to do this as they are appointed as your agent. It is completly wrong and Mortgage Express have to be liable. I am sorry I have no answer for you good luck.

That is possibly the better way to write a polite reminder to the judge, however there is always a complaint to the lord justices department alledging that the judge is not adhering to law in his judgments. That would put the cat out of the bag.

Dear All, hoping that you all had a good Christmas and are getting ready for the New Year, On the 2nd November I wrote to the Ministry of Justice (Ken Clark) and today 29th December got a reply. I had set out my case detailing the injustice of the 1925 act and the actions of Mortgage Express and the LPA, along with my assurtion they were under selling my properties. The reply from Charles Stewart, Policy Manager at the Ministry is worthy of a "Yes Minister" script. He sets out the duties of the LPA receiver and the circumstances under which they can be appointed. He also sets out legal bodies I could contact for advice such Citizens advise, or use bodies such as the FSA, CML, or the ombudsman, all toothless tigers and of no use at all. What was interesting was that he stated " we are of course grateful to you for bringing the detail of your case to our attention and will be alert to any that we see further. However, for the moment, the goverment has no plans for further legislation to protect borrowers in these circumstances." I would ask that everyone on this site writes to Mr Charles Stewart with details of their own cases highlighting the injustices metted out to them by Mortgage Express and the LPA so appointed. Additionaly any Northern Rock Mortgage Holders now brought into the same portfolio. His E-Mail address is charles. Stewart @ justice . gsi. gov. uk ( Please join up the spaces as the web site would not allow me to post e-mail address as I have not placed 20 or more postings.) His telephone is 02033343212 and address is Legal policy division, 6th Floor, 102, Petty France, London SW1H 9AJ. If he has not heard of any other cases we must enlighten him. Keep up the battle.

hi patrickq1 still here at the moment still no news form MX or Templeton (did not realy expect any )but live in hope am applying for the info and sending £10 as a start.

Thank you Patrickq1 for the information so far, it is a learning process and has been good to know we are not alone. What I have been able to find out is that we signed a fixed term buy to let mortgage with GMAC. at the end of the fixed term the mortgage reverted to the SVR. MX bought the mortgage and several months later appointed LPA due to arrears which arose due to circumstances beyond our control. We have not been issued with a deed of assisgnment, the svr with ex gmac properties with MX is 4. 8400% and is linked to Libor. The SVR for MX properties which we applied for the mortgage through MX is 2.25% (we have two in LPA). At the time of application I would not have touched a libor mortgage and have had no notification that this had occured. The result is that the mortgage payment on the ex GMAC mortgage is twice that I would have expected to pay. I feel that this is MX making us pay for their disaster in business. The LPA have failed to collect rent from the date of their appointment for 3 months and apparently the tenants have defaulted on another 3 months payments. The costs, fees and arrears have amounted so far to a figure just short of £9,000, the arrears quoted as being £5,800, the mortgage payment being £56 per month short of the income being gained from the rent. Should the libor rate go up this will of course increase. I feel that MX cannot just create a different interest rate for the properties they purchased and link it to Libor when they have a standard rate for their own mortgages. My expectation was to be benefiting from the low interest rate but I am not. The property was placed for sale at approx £40,000 below market value and from what I can gleen is being sold to the tenant. Templeton have agreed to halt the sale while they consult with MX. Do I read your advise correctly that if I pay the arrears they cannot then sell the property without becoming liable for damages? and can I do anything about the imposition of Libor when I knew nothing of that. All other ex GMAC mortgage holders with MX need to look at that point as I am sure I am not the only one being ripped off with this action.

The law of property act 1925 requires that the receivers appointed by the mortgage company as your agents have to act in your and the mortgage companies interests, They are supposed to consult with you and to find the best way forward to repaying the arrears and to restoring the property to you. However this is what Templetons do not do they seem to ignore you and charge below market value rent, clock up the arrears and then place the property on the market to sell at below market value without telling you. This act needs repealing. It is good advise to read the act. Go onto the internet type in Law of Property act 1925 and it will come up, lots of reading but s109 is the main one you will need to read. You will all find it enlighting (if you have not done so already).

write a full pracee of what has occured since it all started, one to give him and one for you to refer too. Write a list of bullet points that you want to raise, you will forget some when u are there. make written complaints against all the bodies you want to complain against for his info and be ready with an answer to the question "what do you want me to do to help" You will only have half an hour and it will go very quickly. also keep him updated with every letter you write and every reply you do not get or if you do get any with those as well.

Thank you for the information, I will act on what you have sugested. just found out today that M/X are braking the mortgage conditions as well. This is an ex GMAC buy to let fixed for three years, finished in April 2008 and onto SVR, however M/x are collecting LIBOR at 5.6% not the SVR of 2.25%, This is what placed the mortgage in arrears. Also they have been writing to an old address (they were notified of the change but ignored the info). I have copy letters sent to them, is this legal, I have the original mortgage offer from GMAC in 2005.

Having fallen foul of Mortgage Express and their appointed L.P.A. Templeton who have mismanaged a property for two years, we have found it impossible to get info from M/X, we have written to Richard Pym (no reply) but have now involved our M. P. he is concerned to learn how M/X and the receivers act. they use the 1925 act which allowes them to take controle of your buy to let houses and to sell them at below market value without you having any say and no chance to go to court. This act needs repealing, write to the justice ministry and to your M.P. along with all other actions recomended here on this forum. The more who complain the better chance we have of success.