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Mortgage Express Arrears


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Dear All

 

Iwonder if you can help me. I have a mortgage express mortgage where I keep falling behind and stop paying my arrears after a reposession order has been stopped.

 

I have been unemployed for 6 months now but previously was for two years. I am constantly looking and occasionally I get contract work where I then pay off large chunks through the court.

 

I have never claimed any benefit over the time I have been unemployed and have tried not to.The mortgage lender has now applied to reposess me again. My arrears are 4500.

 

I am not working and have thought about renting the property out. Can I stop this eviction if i rent the property and move in with a friend. My property had an original mortgage of 213k but now stands at 224k after fees and arrears.

 

 

What can I do to prevent this??

 

Any help will be appreciated

 

Stephen

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Dear All

 

Iwonder if you can help me. I have a mortgage express mortgage where I keep falling behind and stop paying my arrears after a reposession order has been stopped.

 

I have been unemployed for 6 months now but previously was for two years. I am constantly looking and occasionally I get contract work where I then pay off large chunks through the court.

 

I have never claimed any benefit over the time I have been unemployed and have tried not to.The mortgage lender has now applied to reposess me again. My arrears are 4500.

 

I am not working and have thought about renting the property out. Can I stop this eviction if i rent the property and move in with a friend. My property had an original mortgage of 213k but now stands at 224k after fees and arrears.

 

 

What can I do to prevent this??

 

Any help will be appreciated

 

Stephen

 

Hi Stephen

 

First a few questions -

 

Is there a suspended possession order in place or did you clear the original arrears?

 

Depending on your answer to the above - has your lender issued possession proceedings again or have they obtained a warrant of eviction due to a default on the original suspended possession order?

 

Your lender will likely listen to any reasonable / sensible and sustainable proposals as will a District Judge however I understand you would need your lenders permission to rent.

 

Thinking of renting a property out is one thing but can you be sure that you will be able to get a reliable tenant who will sustain the required level of payments.

 

If you are not working and have no income how are you living?

 

What are your future employment prospects?

 

What type of mortgage do you have - is it interest only?

 

If you are officially not working you may be able to claim certain benefits via the DWP including help with your mortgage interest payments but this will not cover the repayment part of your mortgage.

 

The court may consider a regular third party payment to make up the difference with DWP interest payments and if done properly should not affect your individual benefit entitlement.

 

Do you really want to keep the property if it will be a constant struggle with mortgage payments etc?

 

Have you other debts?

 

Have you any other assets?

 

Have you taken independent advice from anywhere?

 

What I have wrote here is just a basic guide Stephen - a lot more information on your overall circumstances is needed.

 

Come back to us with more info if you can as there mey be people on here who can help you further.

 

Time may not be on your side, so as a fail safe I would also suggest that you contact your local Law Centre, CAB, Shelter or another housing specialist agency ASAP.

 

A couple of links below that might be useful -

 

http://www.nationaldebtline.co.uk/en...ge_arrears.pdf

 

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10013261

Edited by Wintry
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Hi Wintry

 

Thank you for the response. Please see my answers below:

 

Is there a suspended possession order in place or did you clear the original arrears? - Yes its is currently suspended. I cleared most of the arrears but couldnt do all of it

 

Depending on your answer to the above - has your lender issued possession proceedings again or have they obtained a warrant of eviction due to a default on the original suspended possession order?---They have issued a warrant of eviction

 

Your lender will likely listen to any reasonable / sensible and sustainable proposals as will a District Judge however I understand you would need your lenders permission to rent.---i have sent a letter to the lender asking for permission but they havent responded as yet

 

Thinking of renting a property out is one thing but can you be sure that you will be able to get a reliable tenant who will sustain the required level of payments. ---A local estate agenct has students who are willing to pay 3 months upfront at a time

 

If you are not working and have no income how are you living? ---I have been selling possessions to earn my living and to get to interviews. Where im a little short ive been borrowing from friends

 

What are your future employment prospects?----Im in finance and I have been having interviews. Ive been able to pay here and there as I get contract work for a week here and there and that allows me to save and pay off lump sums

 

What type of mortgage do you have - is it interest only?----It is currently interest only. The payment should be £537

 

I dont really know how to claim for benefits or even if I would quailify as if I get roles here and there then they would keep stopping it?

 

Do you really want to keep the property if it will be a constant struggle with mortgage payments etc? Ive had the property on the market and I had an offer recently for £320k it fell through right at the last minute

 

Have you other debts?---Yes I have credit card debt which I am behind on

 

Have you any other assets? ---I have no other assets

 

Have you taken independent advice from anywhere? --I have not taken any other advice

 

I hope this helps

 

Regards

 

Stephen

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Did you send the letter asking for permission to rent by recorded delivery and did you keep a copy ? Can you get some concrete information from the estate agent that they have a tenant who could move in straight away? you will need all that to go with an application to the court for a hearing to get the eviction stopped. Ring the lender this morningand ask them if they have received your letter - then come back on here and let us know the answer so we can advice further.

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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 Ell-enn

 

Thank you for the response. They have not received the letter and have given me a fax number to send it to.

 

I can send a recorded delivery one today. I have spoken to the estate agent and they have said that they can give me a letter today confirming this and can even have tenants in by the end of this week.

 

I have also just applied for Job seekers Allowance for the first time and they have said I can get housing benefit that would cover all of the mortgage interest payment. They also advised I should send a letter to the lender stating i am claiming mortgage interest payments. Is there anywhere on this forum I may be able to find that?

 

Regards

 

Stephen

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We don't have a template letter for claiming the interest payments - just write a short letter advising them of that. Have you filled in forms to claim the interest ? you need to keep a copy of everything like that.What is the eviction date?

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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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Hi Ell-enn I have all the forms I filled out today as a copy. They say it could take upto 13 weeks to sort out.

 

I dont have an eviction date yet all i have is a letter stating that the have applied to the courts for it. Before it took about 2 weeks before i got the note through the post and then 4 weeks after for the eviction. That gives me 6 weeks i hope but not enough time

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Wait to see what information you have by the time an eviction warrant arrives, you may have enough to go to court and get the eviction stopped. Mortgage Express may allow you to put a tenant in and the problem will be solved.

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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Not much to add apart from that you should of signed on the day you lost your job, nothing to be asahamed of, it happens to a lot of us, Ive worked for 20 years and had no quarms about signing on and getting JSA and also SMI Mortgage Interest payments, as a result I kept upto date with my mortgage payments, my lender allowed me some interest only 'holidays' and as a result my home was never at risk.

 

Andy

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  • 1 month later...

Hey Guys

 

I know its been a while but I now have tenants in the property and have tried to call Mortgage Express to say that I can now pay the mortgage plus the rest of the arrears over a 12 month period. They have refused and today I have received an eviction notice stating i need to be out on the 17th November.

 

I really dont know what to do. I sent the letter which they confirmed they received and were processing it. Now I have less than two weeks before I am evicted.

 

I dont know what to do and any help will be appreciated

 

Regards

 

stephen

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Hi there, you will need to enter an N244 at court to get a hearing in front of a judge to get the eviction stopped. We can help you with that. If you can prove you have tenants in the property (copy of tenancy agreement) you should be able to get the eviction stopped. I'll catch up with you later and we can work on the N244. Also, it would be a good idea if you could send them a letter with a co[py of the tenancy agreement asking them to cancel the eviction now you are able to pay.

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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Hi there, you will need to enter an N244 at court to get a hearing in front of a judge to get the eviction stopped. We can help you with that. If you can prove you have tenants in the property (copy of tenancy agreement) you should be able to get the eviction stopped. I'll catch up with you later and we can work on the N244. Also, it would be a good idea if you could send them a letter with a co[py of the tenancy agreement asking them to cancel the eviction now you are able to pay.

 

Just a point on the highlighted part above - the mortgagor must get permission from the mortgagee before renting the property out in its entirety - this is because they will almost certainly charge an increased amount of interest on the loan, since the function has been changed from a residential mortgage to a buy to let.

 

The courts might not mind - given it is the only way you can afford to pay the mortgage and clear the arrears, but I can guarantee the mortgagee will raise the point that the terms and conditions almost certainly require you to gain their permission before you rent the property out. Check your terms and conditions - and if they do include that condition, write a letter to the mortgagee, send by recorded delivery, requesting permission. They cannot reasonably withhold consent, but they are entitled to charge more interest.

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Hi Ell-enn my apologies for the delay i was very ill last week.

 

If you can help with the N244 that would be great. I have a copy of the tenancy agreement and the first months rent which I offered but they declined. I also have a letter that I sent to the lender asking for permission to let which hasnt been replied to.

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