Tilly V mortgage express repo

[**Tilly**]

My house is being repossessed on the 27th may 2008,the court order says i can apply to the court to stay the eviction,we have had the house on the market and lowered the price hoping to sell it quicker. If the house is repossessed im worried that there will

be a shortfall.I know that i need to fill in a n244 but need help guys.

We were ok until December when my O/H had a car crash and and has been unable to work and everything went pear shaped i need to get this sorted asap . I know i cannot save the house and realise it will have to go,which is why i put it on the market,but would rather sellit then have it taken away by mortgage express.Any advise would be most welcome as i having a nightmare at the mo.

[Ell-enn]

Hi Tilly, I'm sorry to hear you find yourself in this position. However, I can help you with the N244 especially part 27 which is the most important.

 

Did you return defence papers to the court and attend the first hearing? or did the lender get possession in your absence?

 

You say you won't be able to save the house - are you sure? the judge can order the arrears to be paid over the remaining term of the mortgage if necessary.

 

Try not to panic too much, there are still things we can do.

 

Kind Regards

 

Ell-enn

[gizmo111]

Ok theres a few things you can do in the meantime.

 

1st - change the avatar, it will not help the nightmares;)

 

Are you paying full repayments or interest only at the moment?

If the mortgage was up to date could you afford to stay in the house?

Have you had much interest in buying the house? What are houses selling like in your area at the moment?

If you sell the house for the current asking price, will it cover all the mortgage, estate agent fees etc?

You need to apply for the stay against eviction so that you can retain control of the sale.

Have you read the mortgages forum, there has been quite a few cases like yours in there.

And how much of the arrears are charges?

[**Tilly**]

My husband put in defence but I did not see them and was absent from the hearing because he didn't tell me about it. I have not seen exactly what he put and have asked him and he explained the situation. Can I ask the court for a copy as he didn't keep one.

[Ell-enn]

Has he told you what was agreed at the hearing? Have you been making any payments recently and could you afford the mortgage payment + something towards the arrears going forward?

 

You need to get an N244 in as soon as possible - you can download the form here Her Majesty's Courts Service - Home

 

Select Forms and Guidance from the menu on the left hand side and enter N244 in the box. You can then print off the form and I will help you through it. If you an answer Gizmo's questions in her post we will take it from there.

 

Kind Regards

 

Ell-enn

[**Tilly**]

Ok theres a few things you can do in the meantime.

 

1st - change the avatar, it will not help the nightmares;) Beatch

 

Are you paying full repayments or interest only at the moment?

Interest only

If the mortgage was up to date could you afford to stay in the house? If I worked silly hours but I'm knackered now after five 14 hour shifts and I'd have to do 6 out of 7 a week to pay the mortgage and live.

Have you had much interest in buying the house? A fewWhat are houses selling like in your area at the moment? Starting to pick up because I've seen quite a few sold signs around.

If you sell the house for the current asking price, will it cover all the mortgage, estate agent fees etc? Just about

You need to apply for the stay against eviction so that you can retain control of the sale.

Have you read the mortgages forum, there has been quite a few cases like yours in there.

And how much of the arrears are charges? I'm on the case on that and doing a SAR.

Thank ooo

[Ell-enn]

OK, the main thing is you need to keep the roof over your head while you decide to sell or not. Is there any prospect of your husband going back to work in the near future?

 

Download the form in the meantime and I will come back to you in the morning to help with it.

 

Please try to stay positive, we will help you as much as we possibly can.

 

Kind Regards

 

Ell-enn

[**Tilly**]

OK, the main thing is you need to keep the roof over your head while you decide to sell or not. Is there any prospect of your husband going back to work in the near future?

 

No as he broke his back

 

Download the form in the meantime and I will come back to you in the morning to help with it.

 

 

Please try to stay positive, we will help you as much as we possibly can.

 

Kind Regards

 

Ell-enn

Thankyou

[sea-sidelady]

So glad to see your getting the help now Bill. xxx

[gizmo111]

Originally Posted by gizmo111

Ok theres a few things you can do in the meantime.

 

1st - change the avatar, it will not help the nightmares:wink: Beatch

 

Are you paying full repayments or interest only at the moment?

Interest only

If the mortgage was up to date could you afford to stay in the house? If I worked silly hours but I'm knackered now after five 14 hour shifts and I'd have to do 6 out of 7 a week to pay the mortgage and live.

Have you had much interest in buying the house? A fewWhat are houses selling like in your area at the moment? Starting to pick up because I've seen quite a few sold signs around.

If you sell the house for the current asking price, will it cover all the mortgage, estate agent fees etc? Just about

You need to apply for the stay against eviction so that you can retain control of the sale.

Have you read the mortgages forum, there has been quite a few cases like yours in there.

And how much of the arrears are charges? I'm on the case on that and doing a S.A.R - (Subject Access Request).

 

 

Thank ooo

Ok well there really isn't much point in trying to hang on to the house long term then, its not going to do your health any good, no point working all those hours just to keep a roof over your head.

 

With your husband being ill are you claiming all you are entitled to, benefits wise - check here www.entitledto.co.uk and do a check.

 

When you move which I guess will be to a rented property, will you need any special disability adapations to the property to aid your husbands mobility and quality of life? What is the rented sector like in your area? It will be worth contacting the local council to see if they would consider you homeless and in social need and a priority when you have to move.

 

Have you included any ERC's that may be due on the mortgage, and the fact that you may well have to take a reduced offer - 5% below asking is the accepted norm at the moment. You will also need to make provision that if you move to private rented you will need a deposit and rent in advance as well as letting agents fee, and a credit check will be done.

 

ME will respond to your SAR on day 40 exactly.

 

 

[**Tilly**]

I have contacted the local council and even had a meeting with them,but in thier

words we have no chance and have been put in the low band.

 

If ME respond dead on 40 days that will take it well over repo date :o

 

 

[Ell-enn]

Just a thought, but do you have any personal accident insurance? - sometimes it is included in your house insurance

[honey5]

subbing Tills, behind you all the way girl

xxx

honey x

[**Tilly**]

Hi Ell-enn

Have just checked insurance, and no personal accident included.

[Ell-enn]

Hiya, what about the car insurance? also, a friend of mine has accident cover with her credit card (trying to think of anything at the mo!)

 

There is some case law we can use in your N244 to allow the judge to give you time to sell the property - so fingers crossed you should be able to stay there for a while. Also, is your husband classed as disabled?

 

Ell

[kennythecelt]

Hi Tilly, with you all the way my friend.

 

Will do what I can as you have always been supportive to everyone on this forum and we owe you a lot. ((((hugs))))

 

Just thinking aloud, so bear with me....

 

Similar to Ellen's question, any other type of insurance- endowment (surrender value), etc? Is it possible to claim anything for loss of O/H earnings through the car insurance, for injury, perhaps, maybe even insurance on a credit card?

 

This is probably a very long shot, but when you took out this mortgage, was it well within your means when you were both working, were your outgoings accurately reflected? Did the valuation of the house accurately reflect selling prices in the area when you took the mortgage out? (Those types of issue however are not going to be of help in the short term, but might be something that you can pick up on.)

 

Re sale prices of homes in your area. Do a google, as there are several web sites offering recent house sale price information, although this can be 4- 6 weeks out of date. This might give you a better idea of what your house might sell for in your post code area.

 

Re another house, don't just concentrate on Local Authority, try local housing associations. Where do you live and I will get a list of them and contact details. A letter of support from councillor and MP might help here as might a letter from GP- consultant? Any dependent children or people that you have a reponsibility towards ie caring for?

[Ell-enn]

You could also contact Shelter 0808 800 444

 

Ell

[kennythecelt]

Ellens right. Here's a link to their web site to save you time.

 

Shelter England: the housing and homelessness charity

[Ell-enn]

Hi Tilly, let me know when you're ready to start filling in your N244.

 

Ell x

[kennythecelt]

Tilly, this is stating the obvious but it has not been referred to yet on this thread.

 

What charges have been made by ME for late payments, letter charges, returned DD charges etc?? That can soon add up, with interest etc.

[ananya]

Wishing you all the best and hoping that you get the outcome you want Tilly

[**Tilly**]

Hi Tilly, with you all the way my friend.

 

Will do what I can as you have always been supportive to everyone on this forum and we owe you a lot. ((((hugs))))

 

Just thinking aloud, so bear with me....

 

Similar to Ellen's question, any other type of insurance- endowment (surrender value), etc? Is it possible to claim anything for loss of O/H earnings through the car insurance, for injury, perhaps, maybe even insurance on a credit card? Could'nt claim loss of earnings as was temp contract,which they ended week after accident.

 

This is probably a very long shot, but when you took out this mortgage, was it well within your means when you were both working, were your outgoings accurately reflected yes it was well within our means when we were both working

Did the valuation of the house accurately reflect selling prices in the area when you took the mortgage out? (Those types of issue however are not going to be of help in the short term, but might be something that you can pick up on.)

 

Re sale prices of homes in your area. Do a google, as there are several web sites offering recent house sale price information, although this can be 4- 6 weeks out of date. This might give you a better idea of what your house might sell for in your post code area.

 

Re another house, don't just concentrate on Local Authority, try local housing associations. Where do you live and I will get a list of them and contact details. A letter of support from councillor and MP might help here as might a letter from GP- consultant? Any dependent children or people that you have a reponsibility towards ie caring for?

We have one dependant, you a mind reader kenny got gp appointment tomorrow I live in

northamptonshire.

 

 

Tilly x

[Bona]

What sort of accident was any one to blame may not help know but could in the future

[kennythecelt]

Hi Tilly

 

here is a link for contact details of all Housing Associations within Northampton District.

 

http://www.northampton.gov.uk/downloads/HousingAssociationNewContactList.pdf

 

Generally, unless the council has introduced a single tiered waiting list agreement with the Associations, it means a separate application to each. Shelter or CAB might help here, but the homeless officer also has a responsibility as they must give you housing advice.

 

Most of them will have a web site and you never know, you might also find that they have some available properties currently listed- just a possibility.

[**Tilly**]

What sort of accident was any one to blame may not help know but could in the future

 

 

The accident was a car crash, no one else was involved, was caused by

fog and ice.