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SPML Capstone Mortgage corp. EVICTION CANCELLED


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It was only me that went as my partner was at work (doing 12 hour shifts at the mo!). I had to take my youngest child with me (he's 2) and he wasn't exactly quiet during the hearing, but the judge didn't seem to mind. When you do get to the hearing as Ell-enn informed me, make sure you speak slowly and clearly to the judge. State your case as clearly as you can and emphasise the fact that you are making payments as often as you can and that the house is on the market at the minute. The judge will look at the facts and make his/her decision based on them but at the end of the day he/she should be a fair minded individual and fingers crossed, things hopefully will go your way.

I'm sorry I can't be more helpful than that as it's up to the judge but I'll be thinking of you tomorrow.

scared79 xxx

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It was only me that went as my partner was at work (doing 12 hour shifts at the mo!). I had to take my youngest child with me (he's 2) and he wasn't exactly quiet during the hearing, but the judge didn't seem to mind. When you do get to the hearing as Ell-enn informed me, make sure you speak slowly and clearly to the judge. State your case as clearly as you can and emphasise the fact that you are making payments as often as you can and that the house is on the market at the minute. The judge will look at the facts and make his/her decision based on them but at the end of the day he/she should be a fair minded individual and fingers crossed, things hopefully will go your way.

I'm sorry I can't be more helpful than that as it's up to the judge but I'll be thinking of you tomorrow.

scared79 xxx

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Hi there and WELL DONE for being so brave - I am so pleased for you and glad I was able to help.

 

Put your feet up and enjoy your home.

 

Kind Regards

 

Ell-enn

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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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Hi there and WELL DONE for being so brave - I am so pleased for you and glad I was able to help.

 

Put your feet up and enjoy your home.

 

Kind Regards

 

Ell-enn

Help us to keep on helping

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

 

 

This site is run solely on donations

 

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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Thanks everyone :)

It's one big weight off my shoulders!

I hope biddy65 was successful with their hearing, I've been thinking about them all night and all morning willing positive thoughts for them.

scared79 xx

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Thanks everyone :)

It's one big weight off my shoulders!

I hope biddy65 was successful with their hearing, I've been thinking about them all night and all morning willing positive thoughts for them.

scared79 xx

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  • 5 weeks later...

Well..............unfortunatley this did not turn out very well. In 2005 my husband lost his job and I had just returned back to work from maternity leave onto part time work so encountered some arears on or mortgage . This at the time was around £2500 which capstone then ( Preferred mortgage) took us to court and got suspended reposs order on our property.I agreed to pay £30 extra per month onthe mortgage which I did until i ran into difficulties in 2007...due to me being off sick for 6mths. at the time the mortgatge was not in arrears but as the interest rate we were pay of 11.24% on a £130000 mortgage kept going up we decided to sell. This was not a problem but I fell behind the £1200 per month mortgate by £300 but still continued to pay £1200 per month as i was the only one working i found it hard to find the additional £300 on top to bring everything up to date. anyway in Feb we got a buyer and all the paper work started to go through i still kept up with the payments but started really hitting problems in May 2008. My Solicitor confirmed we had a buyer but because we have a leasehold property this kind a drag on.....we were assured by the estate agt. buyer and our solicitors everything was ok ..so we would basically sell pay off our debt plus secured loan we had with the Infamous Welcome finance who was basically robbing us blind with their settlement figure but we didnt care just wanted rid.

Any way 23 jul all searches done complete all parties ready to go deed signed etc...as the process had taken so long we were going to complete and exchange on same day.....due to arrears on mortgage capstone went to court and got an eviction notice against us for the 30 jul 08 but as we were completeing shortly no problem. 24 jul finally here all pack up to go paid deposit on rented accomodation our solicitors called in morning advising that the vendor solicitors would exchange by 4pm that day get ready.............kids excited.........us relieved..............at 2pm vendors solicitors called to negotiate a price with me to leave my dishwasher and washing machine...........at 4pm vendors solicitors called to advice that there is a shortfall and he is pulling out.......................left us in the ****

I went into complete shock............after ................to cut a long story short i made them and offer to clear debt they refused and eventually repossed the house in September...................i have kinda buried my head for the past few months now have deal with it i guess ...........the property is still empty they said they will continue to charge me until its sold................ we are in so much debt not sure what to do.........debt company calling everyday..........threathen to do attachment to my earnings .............i am considering bankruptcy but cant afford to pay the fee.................. HELP

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Well..............unfortunatley this did not turn out very well. In 2005 my husband lost his job and I had just returned back to work from maternity leave onto part time work so encountered some arears on or mortgage . This at the time was around £2500 which capstone then ( Preferred mortgage) took us to court and got suspended reposs order on our property.I agreed to pay £30 extra per month onthe mortgage which I did until i ran into difficulties in 2007...due to me being off sick for 6mths. at the time the mortgatge was not in arrears but as the interest rate we were pay of 11.24% on a £130000 mortgage kept going up we decided to sell. This was not a problem but I fell behind the £1200 per month mortgate by £300 but still continued to pay £1200 per month as i was the only one working i found it hard to find the additional £300 on top to bring everything up to date. anyway in Feb we got a buyer and all the paper work started to go through i still kept up with the payments but started really hitting problems in May 2008. My Solicitor confirmed we had a buyer but because we have a leasehold property this kind a drag on.....we were assured by the estate agt. buyer and our solicitors everything was ok ..so we would basically sell pay off our debt plus secured loan we had with the Infamous Welcome finance who was basically robbing us blind with their settlement figure but we didnt care just wanted rid.

Any way 23 jul all searches done complete all parties ready to go deed signed etc...as the process had taken so long we were going to complete and exchange on same day.....due to arrears on mortgage capstone went to court and got an eviction notice against us for the 30 jul 08 but as we were completeing shortly no problem. 24 jul finally here all pack up to go paid deposit on rented accomodation our solicitors called in morning advising that the vendor solicitors would exchange by 4pm that day get ready.............kids excited.........us relieved..............at 2pm vendors solicitors called to negotiate a price with me to leave my dishwasher and washing machine...........at 4pm vendors solicitors called to advice that there is a shortfall and he is pulling out.......................left us in the ****

I went into complete shock............after ................to cut a long story short i made them and offer to clear debt they refused and eventually repossed the house in September...................i have kinda buried my head for the past few months now have deal with it i guess ...........the property is still empty they said they will continue to charge me until its sold................ we are in so much debt not sure what to do.........debt company calling everyday..........threathen to do attachment to my earnings .............i am considering bankruptcy but cant afford to pay the fee.................. HELP

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