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mike7883uk

Repossession this week Thu 25th... Advice needed

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Hi,

 

Thanks for reading this, i'm not confident of the outcome but any advice would be appreciated.

 

In her wisdom my mother took a mortgage out with Capstone/SPML in 2004. She died in Feb 2006, leaving me as the only benificiary.

 

In her Will her solicitor and her sister (my Aunt) were the executors.

 

They signed they didnt want to do it and passed it to me. I was told it was straight forward so i said ok. (My mother wrote her will when I was under 18, and never changed it). I sent the probate application and waited. To cut a long story short through me having a breakdown and various other mistakes it never was granted.

 

I had lost my job, and was struggling financially and mentally. In May 07 a repo order was given. I managed to pay off £5000 arrears and agreed monthly payments. Again over the last two years i have had 2 other repo dates and always managed to stall it through arrears payments. I think I've paid nearly £20,000 to them over the last 2 years.

 

The orignal executors took over and applied for Probate in Dec last year. It was finally granted at the end of May. I was made redundant in December for a 2nd time, and have had little to no money. The idea was to hope the probabte came through so we could sell the property either via auction or privately. The mortgage is for around 50% of the house value.

 

This hasnt happened, and even with the solicitor trying they are not interested. I've had the usual lightfoots letter, saying this can still be stopped if arrears are paid. I was initially made the representitive. Now probate has come through for my aunt/solicitor Capstones will no longer talk to me, even though I'm still receiving the letters, and obviously living in the home the eviction letters.

 

I can pay off more arrears with assistance from a good friend, who knows I've not had the best 3 years (Diagnosed with MS to top it off). Obviously I dont want this to be a complete sob story, if I have to loose the battle then I did what I could. I think I'm still around £8k in arrears. £2500 was paid in Dec 08, then nothing.

 

What do you all think, if I cant represent myself now, it makes it a bit harder. I think that i dont stand a cat in hells chance, but I dont know. I want to sell the home, and pay them off. And this would have marketed last week if it wasnt for this.

 

Thanks for reading,

Mike

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Mods, can this post go to Ell-enn... sounds like he urgently needs her help.

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Additional information... It looks like I can pay off all the arrears. Worst case scenario and they still want to evict, does anyone think its worth going down the N244 route and asking for time to sell the house (with no current arrears at that point owing).

 

The 2 solicitors letters that I've received both state...

 

29th May - "To avoid Warrant of Possession being executed you must pay the arrears on your account"

 

and the second letter

 

9th June - "Even at this stage it is possible to cancel the eviction if you are in a position to pay the arrears. If you are or have proposals that you would like our client to consider, please contact our client upon receipt of this letter.

 

So if they did say no to stopping repossession Im sure this could be show to the Judge.

 

I know this topic has been quiet but any help really would be appreciated.

 

Thanks,

Mike

Edited by mike7883uk
ADDITIONAL INFORMATION

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Hi there, if there are no arrears there can be no claim for possession :)


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Even with the probate only finally coming through now? Im concerned the probate thing might be an issue. Its hasnt been with Captstone prior to this, but I have a feeling it might be now. Again not sure if this is a seperate issue compared to the original warrant from May 07.

Edited by mike7883uk

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Paying off the arrears should stall any action until you can get probate sorted. Your solicitor should then be able to handle the property on your behalf.

 

Have you been paying the mortgage since your mum died? Did the mortage company know she had died yet allowed you to make payments?


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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Probate came through in May, and the solicitor and my Aunt are executors. I was made representitive in April 07, and have been paying the mortgage when I can. There have been repo dates before but I've made offers and amounts have been paid. Since May 07 Ive basically paid around 20 thousand to them. I can now pay off the arrears, but don't know if they will still try to enforce it. The idea is to have the home up for sale now.

 

Yes they did know she had died and I was made the representitive.

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