Eviction notice received please help

[wrecked]

Hello,

 

I received an eviction notice as my mortgage payments are in arrears. Two years ago, they sent me an eviction notice but i was able to negotiate to make increased monthly payments to cover my then arrears. Things were going fine, till the summer last year when I had a breakdown due to severe depression and work suffered and my clients were not making up their payments. I kept my the lending bank informed about my situation but I was making reduced payments which covered the monthly amount they required. However, things got worse and my condition worsened. I have not been able to make any significant payments since December 2011 and applied for Employment Support Allowance and DLA in January. I am curently being treated at a Mental Care Clinic.

 

I was very surprised to receive the eviction note - as I have been keeping the lending bank informed about my condition. I also notified them that I had applied for ESA and DLA. I did not even receive any warnings from them at all.

 

I ram now extremely worried as unlike two years ago, I don't see any significant income for myself and I don't quite know how to go about trying to negotiate with my lender. The eviction date is set for 09 March when they say that their bailiffs will attend the house and that I am to move out. The letter was dated 16 Jan and I only reiceved it today. I have been a complete wreck trying to figure out what to do when I came on the forum by luck and I see other people in my situation.

 

Can some one please advise me.

 

best

wrecked.

[wrecked]

hi

 

Anyone?

[applecart]

hi

 

Anyone?

 

Hi Ya

 

Sorry to hear about your situation...... Do you mind saying who your lender is?

 

Applecart

[wrecked]

Hi Applecart

The Bank of Scotland... does this make a difference? do different lenders have different ways of handling my kind of circumstance?

appreciate any help pl. As u can imangine i am totally messed up at the moment.

 

wrecked

[Rocco17]

Hi wrecked

 

How much are the arrears on the account and have you spoken to the lender since you received the eviction notice?

 

I am not an expert on how to argue these cases in court but I would have thought that medical conditions would certainly be an acceptable reason for not being able to work, especially if you are still receiving care.

 

Does the support that you have applied for cover mortgage payments?

[wrecked]

Hi Rocco,

 

Its quite a lot at £ 8000 may be a little more. I received the notice yesterday but I have not spoken to the lender yet.

 

One of the problems I have with my condition is that I cannot hold a conversation on the telephone. I get tongue tied, nervous, anxious, scared and just go silent. I cannot express myself. I find it better to write as I do not feel under pressure and have time to think through clearly. At this point I also do not know what to say and what proposal to make. This has affected me very badly. I have been writing to them and keeping them informed. I sent them copies of sick notes and supporting letters from doctors from my surgery where I have been treated by three different doctors there. I also notified them when i was referred to the mental health care clinic. I am trying to contact my case advisor there to see if she can help but I think she is seeing people and has not returned my calls.

 

I am not yet on any benefits, but I have applied in January. As I said I did not apply for benefits earlier because I thought I was coming out of it and was able to make regular payments over to cover the arrears to the lender. But i had a bad break down in the summer and things had got worse.

 

I applied for employment support allowance in January. Yes I was told by the job centre that it covers my mortgage interest but i think it will take another 12 weeks or so before I hear anything from them.

 

I do not even know if I will get support. I have never had to apply. I received an acknowledgement from Employment Support Allowance and Disability Living Allowance and I copied these to the lender. I wrote and posted to them on 30 Jan and they sent the eviction notice on 16 Jan. I received the eviction notice yesterday so I think it must have been delayed in the Post. So they may now have received my letter of 30 Jan.

 

So at the moment, I do not know how to proceed.

 

best

wrecked.

[Rocco17]

And you have had nothing else from them or their solicitors through the post? That is quite unusual.

 

As you have received so little information from the lender you do need to find out the full details of what has gone on, what the full arrears balance is and whether they received your letters.

 

In regard to corresponding with them I would imagine that your case advisor should be able to give advise on who to talk to (Shelter maybe, or CAB) as I am sure that this must be a fairly common situation.

[wrecked]

Hi Rocco

Yes I have not received anything from the lenders through the post. I am getting mail from others.

Since my reply to you my case advisor called me and she referred me to a legal team. They reopen after lunch at 2pm but I have not been able to get through.

 

When I told my case worker that I had not heard anything from my lender, she commented that they probably just want money now.

 

best

Wrecked.

[Rocco17]

Hi Rocco

Yes I have not received anything from the lenders through the post. I am getting mail from others.

Since my reply to you my case advisor called me and she referred me to a legal team. They reopen after lunch at 2pm but I have not been able to get through.

 

When I told my case worker that I had not heard anything from my lender, she commented that they probably just want money now.

 

best

Wrecked.

 

I'm sure they do, but there are obviously processes they have to follow and your own circumstances have to be considered.

 

See what the legal advisors have to say about it. I'm sure they will be used to cases such as these

[wrecked]

Hi Rocco

Thank you - yes I contacted the legal advisors and got an appointment for following monday. But the issue is I am loosing "days" and the worry is by the time I see them we have already lost another week. I am also shocked that they were able to get a warrant without me even hearing about the hearing or anything. I think i will follow your suggestion and write to the lender "...to find out the full details of what has gone on, what the full arrears balance is and whether they received your letters..." if they reply by the Monday then i have some information for the meeting.

 

thank you

best

wrecked

[wrecked]

Hi

 

Is there anything else any one can contribute ? should i go back to the lender with a repayment proposal ? I dont know what I can offer them. I just spent money on fixing the boiler as I had no heating or hot water since the new year. Had I known this was going to happen I would have not fixed the boiler and just pay them the money. I can write to the lender and get clarification as Rocco suggested but what can I offer them as a payment plan?I do not have any income just now.

 

Its things like this that just blow my brains.

 

Thanks

Best

Wrecked.

[wrecked]

Hi

 

I was going through CAG and saw a guide posted by Ell-enn "CAG guide - Are you facing eviction or repossession " and I found this to be really, really useful. It is quite the best document I have seen. It did make me feel a lot better.

 

I am able to follow this document and prepare my case however, the flaw is that I have a serious problem because my curent income is pretty bad.

I have little income right now, and am not on benefit (but Employment Suppport Allowance and Disability Living Allowance have been applied for)

I also have some other arears which I am paying off.

 

Based on this guide, I need to be able to show that I can cover the monthly repayment plus an addition for the arrears when I apply to the court (to cancel the eviction notice) using the N244 form, supported by a personal budget sheet. Unforunately, due to my medical condition and lack of income, right at this point, I am not in a position to achieve this.

 

Will it be possible to apply for to the court for a stay on the eviction order based on my medical condition.? Can anyone advise?

 

I have a 22 year old daughter and an 18 year old son living at home with me. My daughter is a student at university. My son is currently unemployed and looking for work and will go back to college in September. Does the fact that they live with me help my case at all?

 

You can see my dilemma.

Please help me out and give me some suggestions.

thanks

Wrecked.

[Lea_HTH]

Hi

 

I was going through CAG and saw a guide posted by Ell-enn "CAG guide - Are you facing eviction or repossession " and I found this to be really, really useful. It is quite the best document I have seen. It did make me feel a lot better.

 

I am able to follow this document and prepare my case however, the flaw is that I have a serious problem because my curent income is pretty bad.

I have little income right now, and am not on benefit (but Employment Suppport Allowance and Disability Living Allowance have been applied for)

I also have some other arears which I am paying off.

 

Based on this guide, I need to be able to show that I can cover the monthly repayment plus an addition for the arrears when I apply to the court (to cancel the eviction notice) using the N244 form, supported by a personal budget sheet. Unforunately, due to my medical condition and lack of income, right at this point, I am not in a position to achieve this.

 

Will it be possible to apply for to the court for a stay on the eviction order based on my medical condition.? Can anyone advise?

 

I have a 22 year old daughter and an 18 year old son living at home with me. My daughter is a student at university. My son is currently unemployed and looking for work and will go back to college in September. Does the fact that they live with me help my case at all?

 

You can see my dilemma.

Please help me out and give me some suggestions.

thanks

Wrecked.

 

Do your children currently contribute to the household expenses?

You should contact the local authority and ask them if you would qualify for the mortgage rescue scheme - the local authority can either make a one off lump sum payment towards your arrears (they won't pay them all), or put you through to MRS if you meet the criteria - such criteria would probably relate to your ill health as your children are now adults. Speaking to them will give a clearer view of your likely success with MRS.

 

Unfortunately, whilst the courts would be sympathetic to your health issues, on their own they are insufficient to stay an eviction - what they may do is lengthen the possession order date - so instead of 14 days, you can get up to 56 days. That's cold comfort. The bottom line is that unaffordability of a mortgage going forward, which includes meeting the CMI plus something towards the arrears, is a very valid reason for awarding possession.

 

Have you done an income and expenditure sheet? If not, download one from the sticky thread created by Ell-enn and fill it in. You state that you are paying off some other arrears - what are they for and are you prioritising those over your mortgage payments?

 

How much is the property worth? Is there any equity in the property? Other loans secured on it? How many years/months left on the mortgage? How much are the arrears exactly?

[wrecked]

Hi Lea

 

Many thanks for your message. I am very grateful to you for your message.

 

I must say I spend the last couple of days going through threads in CAG on this issues and there has been some great responses to others on this topic.

 

My children are great. They contribute what ever they can. I had a discussion with them about this and they will contribute a fixed amount regularly and they have been truely supportive.

 

Yes I have done a personal budget plan and it was really awful.

 

However, its now looking pretty likely that I will get sufficient income to enable me to meet the monthly mortgage amount and pay something towards the arrears. I also spent yesterday and today phoning all my old clients and I am glad to say that they are going to give me some part time work which I can do from home so there will be some income now. Its amazing how things change over the course of a few hours.

 

This has given me an incentive to contact other clients and hopefully, I will get a bit more work. I just hope that my condition improves.

 

In the meantime, will you please clarify - what is MRS? I have not heard of this. What type of department in the council should I ask for/contact.

 

Yes there is a small loan secured on it but there is quite a bit of equity in the property. Theres 3 years left on the mortgage. The arrears are around £ 8K

How do these factors have impact? I tried to get another loan but my credit score is pretty bad as a result of this problem and I was turned down.

 

thanks.

Any other suggestions or ideas will be very gratefully received.

wrecked

[wrecked]

Hi Pat 2010

I am unable to reply to your private msg as I am too basic an account holder. But, FYI I received acknowledgements from the both benefit authoities within a couple of weeks from my submission. They told me that the whole process will take 16 weeks and now theres like 12 weeks left.

I hope this helps.

Best

Wrecked.

[Lea_HTH]

Okay - the bad news first - the calculation under the law (Norgan) would make the payment you need to make to clear the arrears before the end of the term of the mortgage, approximately 223 pounds a month. That's the sum of arrears divided over the remaining months of the mortgage - if your budget allows you to repay this and afford the CMI (and the other loan payment secured on the property), then you have a very good chance of staying in the property. Presumably the mortgage is repayment if you have quite a bit of equity in it?

 

It is excellent news that your children will provide a regular contribution - this can only support the issue in court. If at all possible, your children should attend court with you to confirm with the judge that they are happy to provide these contributions ongoing (this is necessary because without their help initially, the affordability of the mortgage is in doubt).

 

It is also brilliant news that you have managed to get some additional work - but do remember that this may also have an impact on any statutory mortgage interest payments you might be entitled to.

 

MRS is the Mortgage Rescue Scheme - it is a national government funded scheme to help people who meet certain criteria, who are having difficulties meeting their mortgage payments, to stay in their homes. MRS - that is the money provided by MRS - can be used by a local authority or housing association to purchase the whole, or a percentage of your property and rent it back to you. The money they pay for the property is used to discharge the mortgages secured on the property. As I said, there are criteria to be met in order to qualify and an application form to fill in. The housing department should be able to give you further information of this - some local authorities have a specific department that deal with it, sometimes called 'tenancy protection team' or similar. A quick phone call to the local authority and a request to speak to someone who deals with the Mortgage Rescue Scheme should elicit the right person - or alternatively, contact your local Citizens Advice Bureau, they will also know who you could contact and may even have the application forms and leaflets available to send to you.

 

Please, whatever you do - don't take out another loan. This will only cause you further issues in the long term. If there is equity in your property, your lender should consider extending the term of your loan, and perhaps capitalising your arrears - these are requests you should make directly to them, in writing. They are obliged in law to give you a response within 10 days (in writing).

 

Can you confirm whether the mortgage is interest only or capital repayment?

Edited February 8, 2012 by Lea_HTH
clarity

[wrecked]

Hi Lea,

 

Thank you so much for your fast reply. The bad news you gave is actually extremely bad. it had skipped my mind about the end of mortgage until you raised it.

The plan when i bought the house was to to sell it around 2010 but due to my illness and the fact that the property prices dropped, i thought I would stay on.

 

I thought of putting the house on the market next year.

 

I think i will really struggle to make that amount of repayment on the arrears but there is a very slim chance that i may be able to. I will have to work on this a bit moe I think.

 

I do not really want to take my children into court at all. Its bad enough having to go through this issue with them. No father should have to go through this.

 

I will contact my council and check out MRS.

 

Thanks for your advice on this. It much appreciated and i'll get back to you.

 

best

Wrecked

[wrecked]

Hi Lea

 

Just a thought - what if I were submit a personal budget which covers the monthly payments of the mortgage plus an additional amount for the arrears -

with a suggestion that I put the house on the market now?

 

I just wanted to hold off selling it a year after my eldest finishes her Uni (she finishes this summer) as i thought the market would pick up next year, but I can put it on the market now. Its bound to take a few months to sell but it is in a good location and there is a premium for my houses in my area.

 

best

wrecked

[Lea_HTH]

Hi Lea

 

Just a thought - what if I were submit a personal budget which covers the monthly payments of the mortgage plus an additional amount for the arrears -

with a suggestion that I put the house on the market now?

 

I just wanted to hold off selling it a year after my eldest finishes her Uni (she finishes this summer) as i thought the market would pick up next year, but I can put it on the market now. Its bound to take a few months to sell but it is in a good location and there is a premium for my houses in my area.

 

best

wrecked

 

Firstly, the local authority also have access to funds that they can use to help you pay the arrears off - this may be in the form of a low cost loan, or depending on your circumstances, it may just be a payment to reduce the loan without the expectation of you repaying it. You MUST ask about these options when you call or visit the local authority - please do not be put off if you are told they do not exist, they DO, persist, and if necessary get your local CAB to help you.

 

Secondly, yes, an offer to pay something towards the arrears whilst you market the property would probably be something a judge would consider, but you would need to show that you are actively marketing it - so registered with at least two estate agents, and proof that it is on the market and the likely price it would sell for.

 

You need to explore all the avenues available to you - with any luck the local authority will be able to assist you and you and the children will be able to keep your home.

 

Do you know how much you might be able to afford towards the arrears? If you point out to the local authority that you can afford X amount, but the Norgan payment is 223 - they might be willing to make a discretionary housing payment to help reduce the arrears to a level that will comply with the amount you can afford to pay. E.g, if you can pay 100 per month towards the arrears, they may be able to make a payment of around 4k to reduce the arrears to 4k, which would be repaid under Norgan before the end of the term.

 

Check things out and let us know how you get on.

[wrecked]

Hi Lea

 

Wow - Thank you so much for your input. I think i understand your suggestion. I 'll definitely check this out and get back to you.

 

There is one more issue - having read through Ell-enn's write up on how to deal with Repossessions, one of the things mentioned was extending the term of the mortgage. Could that be a possibility? Were they to extend the lending period, this would reduce the monthly repayment of the arrears.

 

Best

Wrecked.

[Lea_HTH]

Yes, I mentioned this in post 16 above - you'll need to write to them to request it - they are obliged to provide a response to you within 10 days (put that in your letter to them so they know you require a response in writing).

[wrecked]

Hi Lea

 

Ok thanks i did not see in #16 but i got the jiest of it.

ok

i am going to write to lender with

a. my personal budget

b. I'll check ont he arrears again then include a proposal for repayment of arrears

c. monthly payments

d. Clarification of exact amount of arrears

e. request extensionof term by say 10 more years

f. sum up my medical condition and also refer them to my mental health advisor

 

I will also contact CAB and council for MRS and try and arrange to go see them

 

if the lender agrees to my proposal then can I submit a N244 form to hv the eviction notice cancelled?

the lender may not agree to extending the term... and should that happen i suppose i can request an extension to the eviction period

 

Should I write to the lender or not bother, just submit N244?

 

what would you say would be the best course of action?

[Lea_HTH]

If the lender agrees to any of the proposals then they should also agree to withdraw the warrant, so ask for them to include that in the agreement if they accept a proposal from you. If they do not accept one of the options, then you'll need to file an N244 to gain a hearing in front of a judge to stay the eviction.

 

If there is equity in your property, then extending the loan period really is an option they should consider before moving to evict you - but be prepared for them to say no. When you approach the local authority about the MRS, if they agree to consider an application form from you, ask them to put that in writing to the court, and ask them to specify a time frame for the application process.

 

If it comes to submitting an N244, then the letters will be evidence that you have tried to resolve this matter, and also support for the Judge to agree to give you further time whilst your options are explored (i.e. the MRS) - make sure you have a budget sheet that shows you can afford the CMI plus something towards the arrears in the interim (this is always a plus), and also in case you have to use the alternative option to put the property up for sale instead.

 

You should definitely write to the lender as discussed in this thread, approach the local authority re MRS and other funding options and get a couple of estate agents over to place the property on the market (they'll need time to produce the sale details and you will need these to present to the court to prove that you are prepared to sell if necessary). You will also need proof of your benefits claims and any contributions your children are prepared to make towards household expenses.

[wrecked]

Hi Lea

 

Many, Many thanks. I'll get it done.

 

I just read though this thread again and find There was one question you asked me which I did not answer. I am sorry about that.

Mine is an interest only morgage and not a repayment. Does that make a difference? How does that affect the situation?

 

thanks

Wrecked.

[Lea_HTH]

Do you have a repayment vehicle for the loan? If not, presumably you expected to sell in any case at the end of the mortgage term? If you expected to sell, and the property is worth more than the mortgages secured on it, then it doesn't make a difference.