Repossession when arrears have been cleared?

[madferrit]

I hope someone can help.

 

My mother has had a mortgage with Kensington for a number of years and in recent years she fell behind with her payments and was taken to court (approx 18 months ago). We managed to agree to continue paying the mortgage and £100 on top per month towards the arrears. Unfortunately for every month you are in arrears with Kensington there is a penalty payment and this meant the actual arrears were hardly getting reduced, if at all.

 

She continued to make payments until 6 months ago when due to ill health and not working she again fell behind with her arrears. Kensington have again taken her to court for eviction and we managed to get an emergency hearing the morning of eviction and stop the eviction and have a hearing before the judge.

 

The judge was quite fair and he gave her a chance to rectify the problem with the arrears. She was given 24 hours to clear the arrears (which she did) and to ensure the next mortgage payment was made on time (which she did the following week). The judge has suspended the court hearing till a few weeks later allowing her to make the payments, but more importantly Kensington has raised concerns that she wouldn't be able to maintain the monthly payments. At the next hearing, the judge has asked for her to provide evidence on how she is planning to maintain the mortgage payments.

 

My initial question is, can the judge rule in favour of the mortgage company now that the mortgage has been bought up to date?

 

Any help you can provide would be greatly appreciated.

[citizenB]

I will flag your thread for others on the site team. Most of them have day jobs so it might not be until later on today or tomorrow when you receive a reply.

 

Have you given any thought to reclaiming some of htese charges they have been applying to the account ?

[madferrit]

Thank you for your reply. I've been lurking in the shadows of the forum for a while and know that patience is a virtue

 

I have thought about the charges and will read up about the process. In the meantime this is a bigger issue which I want to concentrate on for now.

[citizenB]

[Ell-enn]

Hi there, when you say the arrears have been cleared, do you mean all the missed payments have been made? so there are no missed payments at all on the account ?

 

Also, any arrears charges should be added to the outstanding balance of the mortgage not included in the arrears total or deducted from monthly payments made.

 

Do you have a statement showing all the charges applied to the account ?

 

Is your mum able to maintain payments going forward and can she prove this ?

[citizenB]

There you go madferrit.. help has arrived

[madferrit]

Hi Ell-enn (thank you citizenB),

 

The arrears were approx £12k which she paid the day after the court date (as per the instructions of the judge). She actually tried to make this payment the day before the eviction date but the mortgage company were absolutely certain they didn't want to listen and even said that they would go ahead with the eviction even if the arrears were paid.

 

I am not sure how the arrears charges have been applied, but this is something I will look into as well. I don't think she has many of her statements but I was thinking of writing to the mortgage company and requesting the information (paying £10 etc) and hoping to gather the evidence that way. I will search around for statements and see if I can answer this point.

 

The mortgage is in her and her son-in-laws name. He resides there with my sister and their kids (and my mum as well). My son in law has a business and my mother is also drawing a salary from the business. Due to her health she hasn't been able to work (she had a spinal operation over a year ago) and so has to employ someone to do the job she was doing. In her household, 2 of her grandchildren are both graduates and in very good jobs. They've always lived at that address and they contribute to the mortgage shortfall between what my brother-in-law and mother bring in and pay towards the mortgage. The arrears and non-payment only happened because of a short term hitch in their finances because of the changes in the business.

 

I hope that answers your point. Thank you again for getting back to me.

[Ell-enn]

Is there another hearing date ?

[madferrit]

Yes, its been set for a few weeks time.

[Ell-enn]

OK, you will need to submit a statement and supporting evidence to the court before the hearing. You will need:

 

proof of the arrears being cleared and also of the next payment being made on time

a budget sheet showing income and expenditure (I have affixed the one we normally use - it calculates automatically as you fill it in)

some form of proof of the contribution from other members of the family who reside in the property.

 

We can then put together a statement for court.