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Repossesion, shortfall demand court order urgent help!!!!

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Hi Everyone,

My sister is in tears and upset as she has received a letter from her solicitors today demanding the shortfall of £55k for the repossession property sold by her mortgage lender. The letter contains an order from the court stating that there is not need for Santander to seek application to enforce the judgement. it also says that she has 7 days to have the order set aside.

Background.

My sister had a property on buy to let. the tenant wouldn't make any payments after a short while and it took several months to evict the tenant and in the meantime she was several thousands in arrears.

The bank to possession of the house and sold it for £100k, bearing in mind it was values 2 years earlier at £195k and my sister had a mortgage of £145k.

She has a propert where she lives with her 3 children. She has disputed the amount owing to the bank and has complained to the banks solicitors that the valuation carried out by the estate agents acting for the bank was far too low at £110k. Although prices have come down but not by 50%. the bank have rejected her complaint and are demanding 55K that she cannot afford, she is only working part time and has a 3 year old. she is a single parent.

Can she make a claim against the bank for selling the pproperty at a very low price. She also has several new valuations putting the property price well above £150k at the current climate.

What does she do to have the judgement set aside. What will happen to her current property. She is in the process of selling the property she lives in. it was old february of this year when the property that was repossessed was sold.

betty court order..doc

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Hi there, has your sister ever been given details of how the property was marketed? the bank has a duty to sell the property at the very best price in order to protect your sister's interest.

 

If she hasn't got this information, she should immediately send a subject access request - with the fee of £10.00, they will then have to send her all information they have on file from the beginning of her account until the sale. She would then be able to see whether the property was undersold and perhaps insider dealing took place with the estate agent.

 

I have affixed information from the Council of Mortgage Lenders regarding the procedure lenders should follow after a property is repossessed.

 

If you need help with the letter please let me know.

CML recommendations following reposession.doc


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Hi,

Thanks for posting the information, where can i get a subject access request letter so that my sister can write to santander. How long would Santander have before they have to provide the information. She has 7 days in which to contact the solicitors acting for santander with a proposal to make payment. She has obtained valuations from other surveyors who have said the property was undersold, it was put on the market for 92k and obtained 100k selling price. can my sister make a claim to the court would this put the account in dispute and therefore put any enforcement action on the back burner until the dispute is heard in court, what form would she need to complete?

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