GMAC mortgage

[vickson]

Update

Have not heard anything from GMAC, their call centre people say a decision has not been made yet. Someone told me that it had gone to underwriters as I have negative equity, I,e they would not make enough from the sale to cover erc and their costs etc.

so they may as well let me pay what was agreed in court.

 

And yet another month where I have paid them my whole salary, as they asked for extra to clear the arrears on top of the £100 that the judge ordered. I don’t know why I cant face up to these people, Got paid last Friday and paid Gmac most except 150 which I used to pay bills with. I have paid them an extra 800 this month.

Its gonna be a long weekend and month, and I do not have a single penny to my name. In fact I do not know how I will get home today after work,

My question is if they ask for extra money should I give them or not, as I have breached the court order I am trying my best to get back in line with court order before they make a decision.

[Bona]

OK relax you have certainly made an effort write to them over the weekend and tell them you are now reverting to the monthley payment plus the amount the Judge ordered you to pay you cant go on for ever with no money if they should take you to court im sure that you have done more than enough to keep your house

chin up your getting through

[vickson]

I think some of these people are having second thourghts we will be here to help just carry on making the payments it will look so much better IF and im not saying the will go for repossession if you have kept to what you have said you would do as Ellen says you do not know what happened next door Im sure things will work out

 

Yes I think some lenders are reviewing their policies and trying to see how they can be more sympathetic towards borrowers in difficulty,

Not sure about my lender.

[sillygirl1]

You MUST tell the court about their unreasonable demands - they cannot make you pay more than the Judge ordered - that would be very good grounds for you to ask for a 'set aside' of the reposession hearing, ie it would go back to the first stage and be reheard.

 

PLEASE TELL THE COURT THEY ARE REQUESTING MORE THAN THEY WERE AWARDED - IT IS NOT ALLOWED AND THEY ARE THE ONES IN BREACH OF THE JUDGEMENT - NOT YOU.

[jax007]

Hello Vickson

 

Have just picked up this thread and I do sympathize with you. I have no legal experience but obviously the responses you have had are very sound and I can see you have anything and everything in your power to make the payments.

 

I noted on an earlier post someone mentioned changing your mortgage product - you have not said anywhere whether you have a repayment or interest only mortgage.

 

If you have a repayment then certainly changing to interest only (if they allow you to do that) will reduce your monthly payments substantially.

 

Just a suggestion and hope it helps.

 

Best of luck - stay positive and most importantly as the other guys have said - you really MUST go to work - drag yourself in if you have to.

 

Take care

Jax

8)

[gni03349]

Just adding my support Vick.

 

I noted what sillygirl said. If a judge has already said what they can expect, they can't demand any more. Please inform the court, and tell them you've even given them every penny from your wages.

[sillygirl1]

Don't forget to clearly state that GMAC charge up to £85 per month in "arrears fees" and this is not helping you get the arrears down. The Judge might also feel inclined to ask them to freeze all fees and NOT add them at any time to the mortgage.

 

Please please tell the court of THEIR blatant breach and ask for a re-hearing before they do... they will find they have shot themselves severely in the foot over their treatment of you.

[vickson]

Thanks everyone, for your support.

 

Sillygirl I hadnt thought of that before, If it goes for eviction I will mention that to the judge.I certainly will not be giving them anymore than orderd from now on. My sister has started work again this month so things will be much easier, We are able to afford the monthly payments together, the mortgage is interest only.

[sillygirl1]

Don't forget that once you have paid the arrears off you need to go for a ''Notice of Discontinuance' which means they can't restart from 'eviction' if you fall into arrears again. They will probably dispute this but it is your right to get this stopped. They then have to start from square one instead of square three or four.

 

Good luck and keep us posted about this lot - they try all sorts of things and frequently mislead the courts over how much is owed to get their way.

 

You have now found the site that can help and give you the confidence back to deal with them at YOUR pace, not theirs.

[vickson]

The hour has arrived, have received a notice of possession proceedings,

 

God Help me, I have tried everything to keep this from happening,

 

Just called them and they say the warrant was authorised on 2 May and they are now waiting for an eviction date, does anyone know how long this may take,

 

Also they want the full amount of arrears back which they say are £9900. to stop further action.

 

I have explained to them that my sister has started working this month and we aim to be in a better financial position from now on.

 

Ok going to download N244 but can I take it in now before they have a date, or do I have to wait for the date.

 

My confidence has been shot to the floor and I dont know if I can win this one,

Any suggestions welcome.

[Ell-enn]

Hi there, firstly - don't panic, you have to stay positive. I can help you with the N244 form. It's best to wait until you have an eviction date before submitting it.

 

In the meantime, do an income and expenditure sheet you can get one here:

National Debtline England & Wales | Personal Budget Sheet

 

Also, make a list of all the payments you have made in the last few months, especially where you have paid them nearly all your wages!.

 

We will write a statement to put in the N244 stating your situation is about to improve as your sister is now working etc. and how GMAC have pressured you into paying more than you should.

 

Try not to worry too much - I know it's easy to say, but you have to try and stay in control of the situation.

 

Kind Regards

 

Ell-enn

[sillygirl1]

DONT FORGET to mention they have been asking you to pay more than is ordered, YOU HAVE NOT BREACHED THEIR ORDER, therefore they should not be going for reposession.

[Bona]

Please dont worry im sure you will be fine GMAC are Bast***d and so are their solitors just stay calm ell -en will help you with your defence allI can add is I fought GMAC fior years and I had this morning an appology from the HIGH COURT COST OFECE BECAUSE THEY HAD NOT REALISED THAT gmac ' SOLICTORS had made a mistake ;) and they still owe me money but that dissnt help you

Take each day at a time and each step by step we are all here to help

[vickson]

Thanks for the Support people. After reading several posts on here of people actually being repossessed, my confidence is still a bit low.

I have been awake all night, problem is I cant do anything now, Have to wait until I get the letter from the courts, trying to see if I can come up with any money to pay them. they say they want the full arrears paid back,

if it does go to court do I get the same judge I had last time.

I have applied for a work from home job and hope that works out for me so I can do it in the evenings and weekends, it will give me some much needed extra to pay of these arrears. I really want to have a fresh start and have them all paid off. do not think a remortgage is possible in the current climate, property value is enough to cover the mortgage but not ERC which is 11000.

 

Question.

After eviction you are still liable for payments untill the house has been sold, if you come up with enough to pay off the arrears, do you get your house back, does this depend on the lender, or can you ask the courts?

[Bona]

Yes you are liable for any short fall BUT that is not going to happen and dont let them pressure you into paying to much

what are your payments

how long is your mortgage for

is it repayment or interest only

 

lets try to sort ouy a plan to stop you worrying

[vickson]

My question is: If I do come up with the money to pay off the arrears after the reposession date, do I get the house back.

 

My monthly payment is £1,109 including £100 to pay off arrears.

Mortgage is for 25 years,

it is interest only.

 

the current value is probably about 215 000

mortgage is for 198000

 

I am now determined to fight this, they will literally take this house over my dead body.

 

Should I be getting proper legal advice on this.

[Ell-enn]

Hi there, if you have an income and are able to make the normal monthly payments plus an amount towards the arrears you will not lose your home.

 

You said in an earlier post that you had taken in a lodger - are you getting the rent from this yet?

 

We can put together a defence for your N244 when needed.

 

Have you missed any payments since the last suspended possession order? If you have complied with the order and are paying more than you should I cannot see why they are going for an eviction date.

 

Kind Regards

 

Ell-enn

[vickson]

Hi Ellen

 

I am now getting income from the lodger, 420 per month.

 

Also I am in breach of the order by 1 1/2 payments. this is why I was paying extra. I do have an income, my sister will start earning from end of this month and we also have the lodger in.

[Bona]

Be a little carful what you say about the lodger some mortagae agreements state you have to tell them or ask there position I dont think it will be a problem as it is helping you to pay but just check the small print

[vickson]

Hi Bona at the last hearing I asked about it and Gmac's lawyer said it was allowed as long as it was below the taxable amount which I think it is.

And I did tell GMAC about this, they had no objection to it.

[Bona]

Thats fine just didnt want you to have any more problems it looks as if you will be fine

[vickson]

Re; my ongoing problem with GMAC.

 

received letter saying warrant has been approved and are now awaiting an eviction date.

I am still waiting.

I am quite positive as I have made last 3 payments plus extra, but am also extremely worried about losing the house, have seen threads from other people being advised to go to the council seek alternative accommodation etc,

Should I be doing this? If it comes to the worst ( God Forbid) I will not have anywhere to go, I continously lose sleep over this and cant wait until its over, although I have the strength to fight I am very afraid,

 

Gmac shall take that house over my dead body, I have now done all I posibly can to avoid this.

[Bona]

No Just remeber that GMAC say you are in arreas if you do not pay on the Ist of the month but the money is not DUE untill the end because you pay Interest in advance. You have done well and the court will see that when you get the notice from the court we will fill in a N 244 Im going to be away next week but wull go on line every day so can help if needed in the meantime start to make an income expenditure sheet and put together copies of all correspondence and payment. GMAC will say you owe more than you do its a game they play so be ready they dont get away with it youll be fine take care

 

The fight goes on especially against GMAC

[vickson]

Bona

Should I take advice given to Tilly etc and start looking for alternative accomodation?, to be honest I do not want to do that

 

I live on the Surrey/West Sussex borders, last time my CAB couldnt help me actually the lady I spoke to didnt know about the N244 form, I know they have someone in court but not sure if they can come in with me on the day,

[Ell-enn]

Hi there, please don't panic. I can help you with the N244 form for submitting to court. Let us know when you have got an eviction date and we'll get it done straight away. I'm sure you have a good case for keeping your home.

 

Please try not to panic. If you are making regular payments and also paying some towards the arrears and can prove you are able to continue doing so - no judge will give possession to GMAC.

 

Try to stay positive.

 

Kind Regards

 

Ell-enn