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Eviction 30th May - house sale agreed!!


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Good evening,

 

I am facing evicition on 30th May by **** after breaking the agreement of the court order by not making part of last month's and all of this month's mortgage payment.

I split up with my ex, who is the mother of our two children and her name is on the deeds also. She no longer lives at the property, but in a rented flat with the children.

The agreement was for the house to be on the market after the last hearing last July and after dropping the price in April we have now secured a buyer, who have no chain and the money waiting. We just need to get the survey done and the legal stuff. The mortgage and secured loan would be paid off through the sale with a little money left for my ex and I to start again. If we are repossessed we have been warned by the Estate Agent that we would probably not make enough to cover the mortgage alone.

My ex spoke to ***** on Friday after we agreed the sale last Thursday and although the person in Litigation dealing with our account was in a meeting, she was told that if we could provide proof of the sale proceedings from the Agent they would in all probability call off the eviction. Today my ex was told by the person dealing with the account that they were only interested in going for the eviction!

 

Obviously if we are evicted it has a huge impact on me as I will have no money to start over, no time to give my month's notice at work and nowhere to live (although I understand these are not issues that a court considers). It will have a bigger impact on my ex and the kids, as we will find ourselves owing huge sums of money to the secured loan company of around £20,000 each and maybe some to ****** too. She will probably be wiser to go bankrupt and this will cause her to lose the car that she uses to take the children to school etc.

It is such a huge swing if the eviction goes ahead and it seems so senseless as we have a very keen couple wanting to purchase the house. My ex will have to deal with the debt and have all the stress that goes with it and this cannot bode well for the children.

 

I am currently filling out the N244, but wondered if anyone has any worthwile advice or encouragement for us at this distressing time.

 

Thanks in advance.

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Hi, I am not one of the experts on here but since you have not had a reply I will give you my opinion for what it is worth! You have not named the lender, which I have done in my posts regarding repossession because I think everyone has a right to know how various companies handle matters. Sub prime lenders tend to be very aggressive and un-co-operative, high street lenders less so.

 

I think you would have a good chance of holding onto your house in order to sell it if you present this case to a judge. As you say, no-one wins if you are repossessed. You need to supply chapter and verse of who is buying and the likely exchange/completion dates. Can you get a letter from the buyers' solicitor for example?

 

I understand how difficult it is to deal with lenders and their solicitors as they constantly seem to change their tune in these repossession cases but I would write to the lender, today, and explain that you have a buyer and give as much detail as possible. Take this with you to the hearing as proof that you have kept the lender up to date with what is going on. Send it recorded delivery, or better yet guaranteed next day delivery.

 

Put all the details given above in a witness statement with your N244 so that the judge has as much information as possible. Often they don't seem to have time to have studied it before the day however, so be ready to give your side of events, with as much proof as you can muster.

 

Remember these lenders couldn't give a toss about you or your family, so have no qualms about fighting back and calling them to account for their failure to work with you.

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Thanks very much for taking the time to reply.

I will definitely name the lender after the hearing, just don't want to give them any information yet.

As you point out, it would be crazy to repossess just before a sale, but I had read that this particular lender have done this before and was not surprised when they informed us they were going ahead with the action. I will do as you advise unless anyone has any other thoughts - thanks again.

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Joxer do bear in mind that while lenders are only interested in themselves, Judges are looking at the situation from one of what is reasonable. The Ministry Of Justice have made it clear that repossession should only be a last resort, when everything else has failed. In this case there is a clear alternative to repossession and the MOJ, under instruction from the Government, do not want to see figures for repossession rising.

 

The problem is that the sub prime lenders particularly are trying to get out of the market because they fear losses, even when there is demonstrable equity in the property. I have been stunned by how aggressive and uncaring they really are. This is not a position supported by either the Council Of Mortgage Lenders nor the Financial Services Authority - both of whom call for restraint and acting in a reasonable way with clients in difficulties.

 

I hope all goes well with your claim, I am sure all will be well. I don't think the Judges like these lenders very much and bear in mind that the lender will be represented by some sort of local 'rent a solicitor' who in all probability will know little about your case and will just read something off a sheet. I get the feeling judges are not very impressed by that either!

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Hi there, I am assuming that you intent to enter an N244 form at court to get a hearing? do you have evidence from your conveyancing solicitor regardign the sale ?

 

I can help you with the N244 form - Q10 is the most important part and any evidence of the sale is very important.

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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, I responded to your pm yesterday - do you need any further help with the N244?

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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