Thanks for the reply made it more clearer, I will just have to see what the judge decides, at the end of the day its up to him/her what happens to the property, nothing more i can do.

The DWP are making 100% payment to the lender and i am paying towards the arrears. The lender originally applied for full possession but then we had agreed on an arrangement. The arrangement wasn't agreed until after the lenders solicitor applied to the court and a date was set because my first offer was refused as it wasn't covering the CMI and i was still waiting for a decision with regards to the DWP. If i asked the judge for an adjournment wouldn't that mean i would have to keep going back to the courts? Wouldn't that be worse? Isn't a SPO only worse if you dont make the payment and can't realistically afford them. I had a letter from the lenders solicitor saying i still had to attend court even tho an arrangement has been reached. It says This agreement is however conditional upon the agreement being subject to a suspended possession order. This means that even though an arrangement has been reached, the possession hearing will still proceed. You should attend the hearing in any event, but also to confirm to the District Judge the arrangement that has been reached. I don't fully understand this as reading it i think they are still going for a possession order then it makes me think they are just notifying the judge of the arrangement very confused sorry, never had anything like this, this is the first time a payment had been missed since losing my job it was always payed on time. I also know that i can not remove my ex's name until i have a job hence me saying when im in a better position (meaning job, income, no arrears etc). A month before i lost my job my ex tried to force a sale on the property but because the house has negative equity my solicitor advised him against it, my ex also tried to remove his name but as my job wasn't secure enough i knew i had no chance of doing so.

Hi thanks for your reply. I am getting help towards the CMI from the DWP until i can find work and i have offered payment towards the arrears which has now been accepted. The payments were due to start on the 1st of June and has already been paid. I understand that if i miss payment then i will get evicted. Are you saying that the judge can say he doesn't agree with the arrangement set by myself and the mortgage lender then issue a PO? I'm worried that because im currently receiving benefits the judge could say i cant afford the payment but i have looked at my income and i definitely can afford them. My ex does pay for his daughter through CSA. Also i didnt say it would look bad on me if my ex attends. I meant if he doesn't attend court will it look bad on me as its a joint mortgage, would the judge disagree coz my ex doesnt turn up or doesnt offer payment? I dont want my ex making payment as when i am in a better position i am hoping to have his name removed from the mortgage and deeds as its what we both want.

Hi does anyone know how i can stop getting charged every month for having an overdraft (other than pay it off as i haven't the funds to do so). My overdraft is £800 with halifax and getting charged roughly £30.00 a month, i've had this overdraft for approx 3 years. Thanks in advance

Hi all I am in court on the 13th June. I have last week come to an agreement with my mortgage lender to pay back the arrears each month. I am in arrears of 6 months now since losing my job last year. The mortgage lender has said a suspended possession order will be issued BUT what i want to know is will the judge agree to this and could i still lose my home???? The thing is also is that i have a young daughter and i bought the house with her dad back in 2007, we split when my daughter was 8 months which was in 2009. Since then her dad has not made any payment to the monthly mortgage payments and hasn't responded to any letters or calls from the lender or their solicitor. He has said that he has filled the forms in from the courts and he is going to the hearing if he has to but will this affect me and will his actions look bad on me??? Also will the judge order him to pay towards to arrears??? Sorry if this sounds a little confusing, any help would be a great help.