Home Eviction

[blessedguardian1998]

Hello, I have the same problem as re 3rd Eviction Order. However, in my case, we are unable to pay the arrears of £12,000 so we are being evicted on Monday 25th February. Our property is worth £260,000 and the outstanding mortgage including the arrears is £150,000. We have contacted some quick sale companies but the most they want to give us is £160,000, this includes the outstanding mortgage. We believe this is very unfair. We want to ask the court to give us time (one calendar month), say to March 31st, to sell the house ourselfs through a proper Estate Agent. We need help with questions 3 and 4 of the Application Notice. What Order are we asking for and how to prepare a Draft Order. Can you help us please?

We have two children living at home: 19 and 18, still at college. The Council (Redbridge) said we make ourselfs homeless by not paying the mortgage so they are not obliged to help us. The mortgage company (Kensington Mortgages) have not been helpful and their solicitors don't seem to be human. I am very scared. I feel like committing suicide. Why wouldn't somebody help us.

[juliesearle]

i have no experience of this..but this happened to a friend..the last thing a judge wants to do is make people homeless..if you have showed willing buy clearing some arrears or attempted to..they may look at this..a letter to the courts before court date with a plea for suspension of order may help...put in the letter what you put above..and wish you good luck....xx best wait as well for some more experienced guys to help...

[blessedguardian1998]

OK, thanks.

[Professor Fate]

I am not an expert on the legal front, best wait for Ell-en to appear or some of the others.

 

But if you just want to sell the home yourself make the application to the judge for at least 3 months and thereafter a review another 3 months on. You are extremely unlikely to sell your house in 1 month and Kensington can use that against you to say its totally unrealistic. Most sales take 3-6 months.

 

Be prepared to keep paying what you can as well towards the mortgage if that is what you decide to do.

 

Regarding the Council, what they have said is totally ridiculous. If you cant afford to pay your rent or mortgage because you do not have the money then they are under an obligation to help you. Keep paying what you can towards the mortgage. Only if you make yourself homeless by choosing not to pay the rent or mortgage would the Council be unable to help. You need to be in a position to show you do not have the money and have made every effort.

 

Do not despair, there is help out there. Have you tried Christian Debt Line or CAB yet for assistance?

[LaughingGirl]

Please also contact Shelter as a matter of urgency - they will be able to advise you on both the repossession and re-housing. There's a fact sheet at the link below which may be of some help while you're waiting for Ell-en or one of the other regulars.

 

http://england.shelter.org.uk/get_advice/repossession/allowed_to_stay

 

If you're feeling really down, definitely speak to your GP.

[northernbloke]

Are you able to pay anything towards the mortgage and arrears?

[blessedguardian1998]

No, not until the 28th February when I get paid. I only make 900 a month my wages was cut by 1/3 because of the recession. My travel to work is £167.50 a month and my electricity went from £75 per month to £150 per month and we are using less electricity and gas went from £85 to 100 per month. Our mortgage payment together with the arrears is £1200 per month. We only cook on Sundays. Kensington knows all this but they have been after our house now for 3 years and they finally got it. My wife crys every day. She don't talk anymore. She worked for 30 years without ever going sick, never claimed any thing from the government, she lost her job but they told her she can't get anything because I work 40 hours a week. They give her £54 a week in Family Tax Credit. It seems as if there is nothing to live for, we just waiting to die.

Thanks, I will go to see the CAB and the others.

[Ell-enn]

Hi, is the house on the market with an estate agent at the moment ?

 

I can help you with the N244 application - please ask if you need me to assist

[blessedguardian1998]

No, the house is not on the market yet but we want to put it on as soon as possible.

Yes, please help me with the N244.

I have written something but I need help.

 

Statement:

I am the defendant in this case and respectfully ask the court to consider the following information when hearing my application:

1. I am unable to pay the arrears of £12,000 so we are being evicted on Monday 25th February. Our property is worth £260,000 and the outstanding mortgage, including arrears and secured loans is £150,000.

 

2. We have contacted some quick sale companies (see attached) but the most they want to give us is £160,000, this includes the outstanding mortgage and secure loan. We believe this is very unfair and unjust.

 

3. There is £110,000 equity in the property. We want to ask the court to give us time (e calendar months), say to May 28th, to sell the property ourselves through a proper estate agent, with a review on 30th May 2013.

 

4. It is well known that a property sale through an Estate Agent taskes between 3-6 months. We need help from the court in this regard.

 

5. We have two children living at home: 19 and 18, still at college. it would be unjust for me to put the children in bedsit. A sale of the property by ourselves would give us some money to provide Security Deposit and One Month's Advance Rent, that is asked for by landlords and seem to be standard in the industary.

 

6. The Council (Redbridge) said we made ourselves homeless by not paying the mortgage so they are not oblidged to help us. the mortgage company (Kensington Mortgage) has not been very helpful and their solicitors (Drydensfairfax) don't seem to be human. I am very scared.

 

7. I assure the court that I am firmly committed to selling the property as soon as is reasonably possible and respectly ask that the eviction is suspended in order for me to sell the property through a proper estate agent and to avoid the expensive and unnecessary lost which would undoubtly arise following a quick sale of the property.

[Ell-enn]

You will have to offer to pay something while the property is on the market - you need to ask the judge to take into account S.36 of the Administration of Justice Act which gives the judge the power to suspend eviction on terms.

[Professor Fate]

I would tomorrow get the house on the market with a few agencies and get a valuation. Ask the estate agents for a valuation in writing asap but do not tell them that the house might be repossessed. Take the valuation along to the court.

 

You will have to make an offer to cover at least some of the mortgage in the meantime to give yourself a good opportunity to stay in it whilst it can be sold.

 

The repayment on the mortgage seems very high also, are you on a repayment plus arrears? If you are then ask the court to drop it down to interest only plus something towards the arrears or just interest only whilst it is sold.

 

If you can contact one of the agencies and ask them to represent you if they can, that would be a great help also.

[blessedguardian1998]

OK, I will call the Estate Agent today. I don't know what agency to ask for representation; where can I find these agencies please. Yes, the mortgage is repayment plus an extra £200 per month for the arrears. I will offer to pay the interests and the £200 whilst the house is sold. I was asked by the solicitor if I could afford £200 per month when we were in that little room before we went into court. I said yes, but I didn't know that was on top of the mortgage payments. He told the judge I could pay £200 per month. I was scared, I didn't know what to do.

I did not have any help at the court and I was not given an opportunity to explain my side to the court. All the talking was between the company's solicitor and the judge, as if I was not even there. It was all over in 10 mins.

If you could help me with the agency that would be great.

[Ell-enn]

Shelter or Citizens Advice should be able to help you

[blessedguardian1998]

OK, thanks. I will phone Shelter now.

[blessedguardian1998]

Hello, thanks for all the help you all have given me. I am grateful. I put the documents into Romford County Court yesterday at 12:30pm. The hearing on my application to suspend the eviction warrant is on Friday 22nd. this is one working day before the eviction. I did ask for an emergency hearing like you suggested but the lady who appeared to be incharge said, "it is only an eviction, it is not an emergency".

This means that if the judge rule against us we will also lose our goods because we will not have enough time to give them to charity.

I am going to the CAB for an 11 o'clock appointment. They are trying to get someone to represent me.

Once again, thanks to all of you and I will keep you up to date. If I get through this I will rededicate the rest of my life to charity, helping the poor, those people who need help in their darkest hour.

[Ell-enn]

did you add into your statement in Q10 of the form that you wished the court to take into account S.36 of the Administration of Justice Act ? as suggested in my previous post.

[blessedguardian1998]

Yes I did put it in. Thanks very much for your help.

[Professor Fate]

Even if the eviction does go ahead you will not lose your things, they have to give you seven days after the eviction to remove your goods and you can always make an application for access to the court thereafter if the mortgage company will not play ball.

 

In the meantime get the valuations you can give to the court.

 

With luck you should be ok, they will stay the eviction with review to allow you to sell which in this case seems more than reasonable.

 

Good luck.

[northernbloke]

Try to keep positive. When I was at court a couple of months ago facing repossession the opposing solicitor said that in his experience judges are "defendant friendly" and come down on your side if they possibly can.

[blessedguardian1998]

OK, thanks. We got the valuation now, it was done by [edited] Estate Agent. They valued the property at £325,000. 00

and they believe in my road, it would sell for between £290,000 to £300,000+ . I will take it to court on Friday.

Thanks very much.

Edited February 15, 2013 by honeybee13

[Professor Fate]

Dont post the name of the estate agent, please remove it as soon as you can.

[honeybee13]

Dont post the name of the estate agent, please remove it as soon as you can.

 

Thank you for that. BG, I've removed the agent's name for reasons of confidentiality, I don't think it's important for your query.

[blessedguardian1998]

Ok, I've lost the house. The judge said that it is time he brings the case to an end because it has gone on too long (3years). He did not give me any time to move out, he said that he don't have the power to do that so the baliff are coming Monday morning at 09:00. We will take some of our clothes but we don't have time to take anything else. I managed to rent a room but it's too small to store anything.

3 people lost their home during the morning session but it appered that the judge and the company's lawyer knew each other very well. The original judge did not turn up because his wife was sick so we had a replacement judge. So we waited for 2 1/2 hours. When the lawyer heard who the judge was that was coming he said oh, I like this judge very much. So when we went it he said "hello Sir, it is good to see you", the judge looked up and said, "oh, (name") (I forgot the name), "I haven't see you for some time, how's your family?" . I knew right then that my case was lost.

Anyway, thanks to all of you who have help me. I don't know what to do now but thanks and goodbye.

[Lea_HTH]

If your property is genuinely worth more than 100k above the mortgages secured on it, then the judge could have given you a further period of time in which to sell, without it impacting negatively on the mortgagee.

 

You should lodge an appeal with the circuit judge at your local county court. You will need to keep what you are appealing simple. I.e. that you believe the district judge made an error in not considering the lack of prejudice to the mortgagee by waiting for 56 days whilst you tried to secure a sale. The equity in the property is substantial at 100k, and you ask the circuit judge to award a stay of 56 days in order for you to undertake a quick sale, whereby you are not prejudiced in a short sale by the mortgagee. You will need to point out that there will be prejudice to your financial interest in the property if possession is allowed to go ahead, as it is well known that an occupied property sells at a better price than a repossessed one. You will also need to prove that the property is on the market at a realistic price for the area, so ensure it is already up for sale and actively being marketed. Tell the estate agent that you are open to realistic offers, so if the property is worth 260k, be prepared to accept 230k if exchange of contracts can occur within a six week or 4 week period. If the Circuit Judge allows your appeal, you will only really be given a very short period in which to sell, after which possession will be granted.

 

An appeal to the CJ will also stop the eviction on Monday whilst the appeal is heard - but realistically you need to get that appeal in this afternoon, or tell the bailiffs when they arrive on Monday that you are making an appeal to the CJ. Normally the bailiffs will step down whilst waiting for the CJ to hear the appeal before going ahead with the eviction.

 

My suggestion would be that you pack up all your valuables, and if at all possible rent a storage space in one of the many well known storage companies, it won't cost too much. But the risk of your things going missing once repossession takes place is high, so don't risk it.

 

What area of the country are you in?

 

Incidentally, many of us who appear in courts regularly know the judges. It is not unusual for a judge to address us by name, and be friendly - mostly this is restricted, particularly when possession is about to be awarded as people can definitely get the idea that the judge has decided the way they have due to knowing the other side (this is genuinely not the case). I just don't want you thinking that the fact that the agent for the mortgagee knew the judge that this is what influenced his decision - it will have been based on the fact that the affordability of your mortgage was in question.

Edited February 22, 2013 by Lea_HTH

[Lea_HTH]

Form N161 required for the appeal application.