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Psg2008

Facing repossession by BTL mortgage lender even though I no longer in ARREARS. HELP!

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Hello Everyone. I am new to this site but I am sure someone out there will be able to assist.

 

I was in arrears 3 years ago and LPA receivers were appointed to collect rent once I found new tenant.

 

At the time I was told by the mortgage lenders field agents that it will be managed by my mortgage company as they had a special department to help borrowers.

 

Around a year later when I was in position to clear arrears I discovered that LPA receivers were appointed. I have had a number of issues with my receivers as the tenants were being treated badly and property was in disrepair from contractors they instructed. My mortgage lender wasreceiving in excess of £400 a month surplus once the mortgage was paid. But the refused to carry out repairs

 

I have a interest only mortgage and my mortgage balance has increased in excess of despite the above. When I queried the issue I started to have more problems.

 

Once the mortgage arrears was clear my mortgage lender proceeded to evicting my tenant successfully. Her tenancy had expired so they wanted to obtain vacant possession. She did not have any arrears.

 

I moved into the property once the tenant was evicted and rented a few rooms to ensure I did not fall back into arrears. Also to stop my mortgage lender from obtaining vacant possession.

 

My mortgage lender successfully obtained possession order. Despite the fact that I am not in arrears.

 

I made an application to set the order aside. On the first hearing I brought proof of not being in arrears and proof of address. However my mortgage lender did not have any information on my account so the matter was adjourned and I was asked to send the lender and the courts additional proofs of address. Which I did

 

I sought advice from community legal which the firm wrote a letter of representation to courts as i was not able to attend and but claim was dismissed.

 

I contacted my mortgage lender after the court hearing and asked them what arrangements can we come to as I don't understand why they want to sell my property if I am not in arrears. Also the property is in negative equity so I will be pursued for the shortfall.

 

My lender has advised me that the will be applying for warrant of execution or bailiff date

 

I have tried speaking to the receiver, mortgage lender and their solicitors. I even made a compliant via the Financial Ombudsman Service and they have not been able to help.

 

I am really distressed about the whole situation as I don't understand why this is happening and why the receiver refuse to release their receivership.

 

Please help as I have run out of time

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If they issue an eviction warrant you can apply to the court on an N244 to get the eviction stopped. We can help you with the form and what to use as supporting evidence.


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Hello Ell- enn Thanks for the Info. I am in a similar situation as Psg 2008 can you please help me ?

Can you tell me if a BTL mortgage is a Commercial or a Residential loan ?

I believe it is a Residential Loan, if that is the case it is not under the remit of an LPA, would you agree ?

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Hello Psg2008,

I am in a similar situation the stress of which has almost killed me. Who is your Lender and LPA ? mine is Chelsea BS & Allsop LPA.

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