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Akasha72

First Plus Secured Loan Court date set...HELP!!

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Hi,

 

Try to make this brief, my ex and I seperated 5 yrs ago and he ran up many debts, one I reluctantly agreed to have secured on my home soley in my name but the loan was in joint names, I struggled to pay the loan for a year, I have two disabled children and on income support at there carer. my ex refused to pay any amount to the loan or CSA or even see the children, he cleanly walked away.

I went to the CAB and they contacted first plus and agreed a smaller amount which I have paid every month without fail for 4yrs, the arrears are now 8K and they want to start possession, they stopped taking payments in Feb2012 the CAB have tried to reneog with them but they havent responded, I have now gone to them with an offer of the orginal amount plus an extra amount of the arrears, do you think they will accept this, its been two weeks now and they havent responded, I thought under the laws they couldnt start possession if my mortgage is paid via DWP and if I make a fair offer they need to either accept or decline within 10days, is this correct.....I am at my wits end, this is making me very ill, I feel so let down that my ex could leave us in such a mess....I also feel its unfair...I have always paid the mort and paid my half of the loan, (which only has two more years to go)...I cant beleive we face loosing our home because of the debt he left behind.

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An offer of full CMI plus an amount towards the arrears (if it will clear the arrears before the end of the mortgage) will normally be accepted - if not by the mortgagee, then certainly by the courts if it can be shown to be affordable.

 

I am not sure where you got the idea that if the DWP are paying SMI that possession won't take place - that's incorrect. If that were the case, people struggling to pay their mortgages would simply give up work and let the public purse pick up the bill. SMI is supposed to be a temporary measure - not a long term solution. But, realistically speaking, it's cheaper than housing benefit, so I am not sure why the government have lowered the rate of interest they'll pay - but that's an aside.

 

Have you considered the Mortgage Rescue Scheme?

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sorry what is CMI? and a morgage rescue scheme?...

 

...thank you for your comments and advice, the lady from CAB seems to be under the same conculsion, my godness its very scary though!!

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CMI = current monthly instalment (of your mortgage/secured loans)

 

MRS = Mortgage Rescue Scheme, a government funded system designed to help those who are in difficulty with their mortgages. If you meet certain criteria then the local authority/housing association can purchase the property from you and re-rent it to you. It is not the same as other advertised sale/rent schemes as you become a secure or assured tenant. You can find out more by contacting your local authority housing department.

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Advise needed if possible??....

 

I was due in court tomorrow Wed 8th...I had a call from the sols acting for first plus and they have informed me they wish now to adjourn it because of my defence repsonse (which they say they have only just got even though it was completed in june) they say that my defence needs to be looked into because of the reasons why the loan was first secured on my home in my name soley but the loan in the name of my ex, and that they say they were never made aware that my ex had left the property (which they were on more than one occasion)....SO my question is, should I still go to court and have the judge hear us OR agree with first plus to adjourn for 28days and wait until they have looked into the case???....I am completed mind boggled....many thanks

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