beginning of fight against possession order

[losingwilltolive]

Hi,

hope you don't me butting in...but it does seem that there are a few of us currently going through the same thing...at my hearing last week i did state to judge that i have made many efforts and also asked the mortgage company to add remaining arrears to the mortgage term...

 

The judge simply replied that 'the mortgage company are not obliged to accept' - after this he granted the possession order...

pity i did not know of this forum prior to May 14th!!

[JonCris]

losing You can apply for a Suspension Order

[angel_1]

hiya joncris,,,

was your no 25 reply to my no 24 message if it was thanks

did have a look at the above link but mine is from a normal mortgage company bank, so the link does not affect me,

however, the norgan point of law is interesting to me,

depending on the reply i have back if it does not go to plan, can i then advise the mortgage company to apply the norgan law to my arrears, this would be a proper solution and not to waste the courts time.

 

well, lets just say my complaint makes an interesting read, we shall see which way they jump - keep you all updated

 

applying for the suspension order does this allow us the option to find the funds to clear the arrears then, or does this still enable the mortgage company to still evict us?

 

ciao for now MAZ

[JonCris]

maz you need to find out if your bank has securitized (sold) your mortgage.

 

If a lender, any lender sub or prime, has done this it would explain any reluctance to reschedule the debt

[elliesnan]

l've just been reading my mortgage docs and under the heading of "transfer or assignment of the mortgage" it basically says they can do what they like with it and sell it on to anyone.

[JonCris]

Quite! & now you need to know if they have cos they wouldn't have told you if they did. Now you must insist on knowing as it may influence your strategy in any litigation.

 

Be advised that even if they are using the same name it doesn't mean they haven't sold it. Apart from demanding answers, in writing, check your most recent bank statement & see who your paying as sometimes they inadvertently disclose by recording who's receiving your payment

[elliesnan]

Morning Joncris glad l'm not the only one awake at this time of the morning l will compose a letter right now!

[JonCris]

Phone them 1st then write asking them to confirm their telephone responses in writing.

 

If they have sold listen to them bluster as they try to think of ways to NOT answer your questions truthfully or you'll get the "I haven't a clue what your talking about madam/sir" response which may actually be true as they don't always tell the Indians what they are doing

[JonCris]

Ask the killer question "excuse me but can you tell me if my mortgage has been securitized" If they admit it has then it's been sold & you no longer have the protections afforded to prime borrowers

 

If they don't admit you still need to make further enquiries

[elliesnan]

rang them and no one semmed to understand what l was asking so l've put it in writing and sent it rec del.

[JonCris]

Ellie Read my posts 33 & 34 for the answer to that:)

 

A mortgage company doesn't know about securitization ................. yeah right

[elliesnan]

received reply from mortgage company saying they are sorry but they cannot accept repayment proposals or capitilising as it would take too long to pay off arrears. still waiting for a reply to my letter asking about securitization. court date has been set for 27 june so l guess we just wait for the court papers to arrive?

[losingwilltolive]

Hi Ellie,

 

Re:''they cannot accept repayment proposals or capitilising as it would take too long to pay off arrears.##

At my hearing on 14th May-- i too was told exactly the same----although since then i have learned on here that i should have quoted some legal decisons---

when i get my eviction notice i will be hopefully outting together a plan of action( with help from this forum)

The legal case quoted( Norgon) do all District judges have to abide or can they go off and make their own rulings-- It's just that i no linger have any faity in theDistrict judges way of thinking

[elliesnan]

exactly knowledge is power

[elliesnan]

received the court papers this morning they look pretty straight forward my first question is l have them in my name and then identical papers addressed to OH so do we both need to fill out the 2 forms or can we just use 1 of them?

Second question pls we have also received a letter from mortgage letter asking for repayment proposals even though they replied last week saying no to what we offered,so l presume l write to them again so it will show the judge that we have tried to come to an agreement.

[JonCris]

The request for proposals is to make the court think they have tried to help without success. You must tell the court you have more than once tried to negotiate with them & on each occasion they have refused point blank to help or cooperate

[elliesnan]

thanks Joncris l have all their letters and my replies to them so l will take them all with us on the day

[JonCris]

Ok & don't forget the Norgan Judgment of which I think your aware

[elliesnan]

do l have to quote that when we're actually in court? alsol am still waiting for a reply to the securitization question

[JonCris]

As it's imminent prepare a skeleton/summary defence & hand copies to both the claimants rep & the court Usher/Judge before your called into chambers

[elliesnan]

As it's imminent prepare a skeleton/summary defence & hand copies to both the claimants rep & the court Usher/Judge before your called into chambers

sorry l know this is probably a stupid question but how do l do that?

[JonCris]

Write down why you think an adverse Judgment should NOT be given & you reasons including any case law which you feel may help your case.

 

For a Cheltenham & Gloucester v Norgan argument to work it's important to show the court you have tried to offer a solution which has been rejected

 

That the lender instead of helping seems intent on evicting you & if the Judge states he/she has no choice but to grant the repo order you can show he/she is wrong by arguing Norgan which shows he/she does

 

Remember to take 3 copies plus 3 of the full Norgan Judgment

 

In summary this is what you should argue :

Suspended possession order

 

The Court is likely to suspend the order if you can show that you can repay your current mortgage and the arrears over a "reasonable period of time". You must have the means to meet the current monthly instalment in order to have a suspended order granted.

As a result of cases that have been heard by the Court of Appeal, the Court should now treat the remaining term of the mortgage as a reasonable period of time. For example, if you owe your lender £2,000 and there are 200 months left to run on the mortgage, divide the amount owing by the number of months remaining and you will have to pay £10 per month to clear the arrears. This would be a lot less than your lender would expect. If you can meet the mortgage payments, but the Judge seems reluctant to grant a suspended order, refer the Judge to the case of Cheltenham and Gloucester Building Society-v- Norgan in which the Court of Appeal decided what a reasonable period of time is.

[Ell-enn]

Hi Elliesnan, what date is your hearing? If you need help completing the defence forms (especially Q.27) please let me know and I will help you with the wording.

 

Kind Regards

 

Ell-enn

[elliesnan]

thanks Joncris for that. Hi Ell-en the hearing is on the 27 June have filled out defence forms Q. 27 l have put both of us being made redundant last year any input you have as to anything else l should put in, l have not yet posted them back.

[elliesnan]

Thanks for the pm Ell-en l will put that in