Reposession Order, Sale Broke..Now what?

[goodiestotake]

Dear all,

 

My story is not any different from rest of the fellow members. In chronological order things went in order of :

 

1. Self employed- Mortgage outstanding £167,000, one secured loan, and one charging order from Barclays.

2. December 2006 - Suspended Charging Order, I agreed on repayments and paid until November 2007.

 

3. Business went down since August 2007 and could not make any payments after November 2007.

 

4. Wrote to lender HBOS, to reduce the payments for six months. Never received any reply.

 

5. January 2008, received letter from HBOS that they would commence legal action for eviction.

 

6. February 2008, received letter from HBOS Solicitors demanding the outstanding amount approx. £5600.

 

7. March 1st week, received Eviction Letter from Court and the solicitors.

 

8. Eviction date March 28th.

 

9. I managed to find buyer and HBOS stopped the eviction. Completion date March 27th.

 

10. Completion could not be complted on 27th March and my solicitors issued 2 weeks notice to buyer's solicitors. Just learnt yesterday from my solicitor that deal is no more as buyer's mortgage lender backed off.

 

11. Now what ?

 

I want to keep the property as I have primary school going kid. Cant move anywhere else so quickly if HBOS takes another eviction order.

 

I have £2000 that I have from my recent order. I offered this to HBOS but was turned down yesterday. My business situations have started getting better. I ample orders to survive for good period and am positive to receive more and more orders in the long run.

 

What should I do now to stop this eviction. I need to act promptly and your help , needless to say, will be much appreciated.

 

Best regards

[blue4ever]

Bump

[tomterm8]

Is this an unsecured debt that has had a charging order been placed on it?

[goodiestotake]

Is this an unsecured debt that has had a charging order been placed on it?

 

Thanks tomterm8.

 

One is a secured loan from welcome finance and the other charge is from FV1 that they took over from my old defaulted barclays credit card account.

 

I would appreciate if a line of action is provided so that I can start moving in that direction.

 

Thanks again for your support.

[goodiestotake]

Bump

 

 

Thanks mate!

[blue4ever]

Now im sure there are a lot of people who can help you on here,i would think as soon as tomterm8 is back on line he will replie, good luck

 

 

 

-----------

paul

[tomterm8]

Hm... well, which agreement is the house being reposessed on? Is it the (originally) unsecured loan, or the secured loan?

 

How bad are your current arrears?

[sequenci]

aha! Tom beat me to it We are here to help!

[goodiestotake]

Hm... well, which agreement is the house being reposessed on? Is it the (originally) unsecured loan, or the secured loan?

 

How bad are your current arrears?

 

Hello -

 

My apologies for not being so clear on the matter.

 

1. The house is being repossessed for the Mortgage Arrears of £6,450. The First and Original Chrage.

 

2. The arrears were £5,600, but HBOS have added this month's payment into it as well.

 

3. I am behind on secured loan (welcome finance) as well, but they are waiting on completion. They refused to negotiate on a reduced payment as well. They provided a redemption figure which included whatever they could add on top of the loan (£22,000 now). The Second Charge

 

4. The third charge is from some company called FV1 for around £3750. They recently have acquired this charge through interim charging order (Feb 2008, just before I started selling the house). The Third Charge

 

The biggest problem at the moment is HBOS, my mortgage lender. I need to stop them ASAP, before they could acquire another Eviction Order from the court.

 

I hope this clarifies the whole situation. let me know please if I am not very clear though.

 

regards

[Bona]

Once yu get an eviction order you can appy to have it suspended on terms let us know when you get a date and pay what you can we were in your position and we got an order to give us more time to sell dont worry there are loads of people here to help

[goodiestotake]

Once yu get an eviction order you can appy to have it suspended on terms let us know when you get a date and pay what you can we were in your position and we got an order to give us more time to sell dont worry there are loads of people here to help

 

Thanks very much folks. Sure will let all know about the notice date.

 

My first priority is to keep the house forever or at least until my daughter finishes her school session from the local school (July-August)8)8)

 

I want to prepare a case to show the DJ that now onwards I can afford the mortgage payment and that the mortgage arrears to be added to the outstanding balance.

 

Awaiting your advice.

 

Regards,

[Bona]

You need to get statements from all three to see what has been added on in penalty charges then you need too make a list of your income and outgoing including the monthly payments that you are required to make to all three can you afford them then you need to write to each one with an offer how much equity is there in your house have a go at looking at your income and expenditure to see what it looks like you can put the arreas over a good long time but what ever you say you must keep to so when doing your expenditure allow for unforseen circumstances

[Bona]

You say you have £2000 can you explain

[goodiestotake]

You say you have £2000 can you explain

 

Yes, as mentioned in my earlier message that I am self employed and this is the money that I have received as advance payment for the upcoming project (in fact the project has already been started this week). Part of the advance payment has been used for some home expenses and £2000 have been put aside for mortgage payment. I hope this explains.

 

BTW I have done I/O sheet from Debthelpuk website. The disposible income is just £200 (Mortgage payment has been considered under necessary expenses in the I/O sheet). Hence I will have £300 only to pay Welcome and FV1, after paying the full mortgage installment. However if HBOS agreed to adjust the arrears in the monthly payment then mortgage payment will go high and I'll have to offset it from the disposible income.

 

Let me know please if I am on the right track to kick start the process.

 

Regards

[tomterm8]

You are on the right track. If you can show you can afford to repay the mortgage, plus a small amount towards the arrears, then a judge is likely to suspend the order allowing you more time so sell your home.

 

Why not PM ell-enn for some more advice.

[Bona]

what are the payments that you should pay welcome finance have you offered FV! anthing

[goodiestotake]

what are the payments that you should pay welcome finance have you offered FV! anthing

 

Normally I should pay £320 to Welcome and nothing to FV1 since FV1 just got charge on the property. FV1 never have asked for any payments yet. They might start in the future.

 

Does anyone out there have any experience with HBOS where they have included the arrears in the outstanding mortgage amount?. just checking water........

 

Thanks very much all fellow members.#

 

Regards

[Bona]

Have you allowed for that in your budget and how far behind are you with them

[goodiestotake]

Have you allowed for that in your budget and how far behind are you with them

 

3 months behind with welcome finance and FV1 is an old old defaulted account. I had not paid them for atleast 4 years now.

[Ms T]

Hi, I'm new to this forum and was just reading through your thread. It caught my attention as I met a seasoned property investor a couple of weeks ago at a networking event who explained to me that he bought a house from someone in similar circumstances to you. After talking with judges, lenders etc. he was able to negotiate the charges down, bought the property for cash with a rent back option agreed with the vendor - there was also an option to buy the property back at a later date included in that. If you would be interested in talking to this guy I have his contact details - however as I understand it, the rules of this site do not permit the exchange of contact details, just helpful information. So I'm happy to call the bloke today and explain your situation to him and see what gems of info he has - I will also ask specifically what experience he has relating to HBOS including the arrears in the outstanding mortgage amount.

 

I'll keep you posted.

 

[Bona]

Intersting Information when we were selling our house we had several offers like that BUT remeber they do not do it for charity they are OUT TO MAKE A PROFIT so BEWARE it might suit but it will cost you but it could be a solution I wouldnt like to Judge untill one has seen all the details

[Bona]

Dont worry to much about FV! just Budget to pay them something did you budget in Welcome how does it seem

[goodiestotake]

Dont worry to much about FV! just Budget to pay them something did you budget in Welcome how does it seem

 

Yes, I did. As I said before I have only £300 in disposible income. I need to make payment to Welcome and FV1 from this £300.

 

Shall I start filling in the N** form? (I don't remember the exact title of the form that should be submitted to DJ to stop eviction).

[Bona]

Have you a date for the repossession yet

[goodiestotake]

Have you a date for the repossession yet

 

 

No, haven't received anything as yet. It may be next week sometimes that I am expecting to receive.

 

Regards