Please help home repossessed

[summer1980]

Hi Everyone, I post this with much hope that I can get some support and help in knowing where to start. In January this year my house was repossessed right from under my feet. My mental health had declined to such a degree that I ignored letters and just completely buried my head in the sand.

 

 

Thankfully, my parents have been amazing and there for me 100% and we tried to agree that we would pay in full the arrears so we could have the house back to which the mortgage company declined after two weeks.

 

 

now I am left with a huge cost and a house that has reduced in sale price 4 times, it wont sell weve tried in the past its got lots of subsidence problems and theres work that's been completed by the previous owner who has not had planning permission for some of the purpose build brick buildings. I am now of the belief that the house will go for auction. Again, this is something we have tried to do and failed due to the issues with the property.

 

 

My question is can I claim back any charges? Can the contract be reviewed and looked into? I went through broker and was given very poor advice on the mortgage and hence why this situation is so bleak. What can I do? I know I cant get my house back but I am so worried about the huge cost they will put on me. I just need some advice and it would be helpful to have people who have previously been in this situation. Its awful

[unclebulgaria67]

How long ago did you buy the house ?

 

What buildings survey did you have ?

 

Did the mortgage company arrange the survey ?

 

Should the subsidence have been picked up on that survey ?

 

What searches did the conveyancing Solicitors arrange prior to you purchasing the house ?

 

I have come across a case where problems were found within about 2 years of buying a house and the mortgage company basically bought the house at the original price. The mortgage company are joint to the purchase contract for the house and own equity in it, until the mortgage is paid off. There is possibly a legal route with the mortgage company, but you would need to see a Solicitors that is capable of dealing with it. If you cannot get legal aid and don't have the finances, look into pro bono Solicitors.

 

But can you answer the questions raised above first.

[unclebulgaria67]

There are other questions

 

What did you do when you found out about subsidence ? Claim on buildings insurance ? What works have been done ?

 

Also what did you do when you found out about the work done without planning permission ? How soon after buying the house was this found out about ? Did you consult a Solicitors and what did they advise ?

[summer1980]

The house was brought in 2001 we paid cash by borrowing from family £25k the house needed a lot of work doing. I then remortgaged with Abbey national, then a few other companies which led to the debt escalating. The present mortgage company were aware of the situation in terms of subsidence and mine shafts but not to the degree to how serious it is now. The mortgage company arranged the survey.

 

The searches we originally had were just the basic general ones

 

There are different opinions of surveyors with regard to the subsidence but as it stands the house can't sell due to this issue and the fact that their is no building or planning permission for additional work carried out on property.

 

I do believe the mortgage company have seriously over estimated the value of the house it was marketed at £110k and has been reduced to £89k and now is due for auction.

 

I would get legal aid because I am a single parent and not working due to the stress caused etc. if there is anything I can do I would welcome advice

[summer1980]

What did you do when you found out about subsidence ? I only found out when the surveyor came from abbey national he said its past subsidence and there has been movement. They were unsure if there was any present movemt at the time.

 

Claim on buildings insurance ? No

 

What works have been done ? With the original mortgage before the money could be released we were informed to repair the roof and nothing was mentioned about the subsidence. We've just been patching up and painting over the cracks that appear. So no work was done.

 

Also what did you do when you found out about the work done without planning permission ? We were informed that because we brought the house there was nothing we could do none of the surveyors or mortgage company asked for any paperwork with regard to this.

 

How soon after buying the house was this found out about ? Within a few months when the surveyor came to check property.

 

Did you consult a Solicitors and what did they advise ? I did at the time and we were informed that it should be fine but expensive to insure.

 

Hope that's helps

[unclebulgaria67]

Are the mine shafts the cause of the subsidence ? If these are the responsibility of the National Coal Authority, then this should have been looked into, as to what could be claimed for.

 

https://www.gov.uk/claim-for-subsidence-damage-caused-by-coal-mining

 

As it stands, do you still own the house or is it now in the hands of the mortgage company who are trying to sell it ?

 

Difficult to advise on this, as I cannot see it even selling at auction, unless there is someone willing to take a risk. Seems to me that someone should find out for sure what is going on under the ground and whether there is any chance of the National Coal Authority buying the house. I believe that properties have been bought by them in the past, because it was not possible to build another house on the site. Are there other houses nearby and have these had any problems ?

[summer1980]

The coal authority have issued reports and said that the mineshafts are fine one is filled the other isn't and it's not causing any issues but it has been a good couple of years since the reports were done and we tried everything to get them to possibly sell it over etc.

 

As it stands it's in the hands of the mortgage company to sell and I only now information when j call up to find out what's happening.

 

There are a number of properties that have the same or similar problem they just end up selling via auction or really cheap it's difficult to get mortgages on our side because we are on a slope and have a canal at the back.

 

The house is 110 years old.

[unclebulgaria67]

What did you do when you found out about subsidence ? I only found out when the surveyor came from abbey national he said its past subsidence and there has been movement. They were unsure if there was any present movemt at the time.

 

Claim on buildings insurance ? No

 

What works have been done ? With the original mortgage before the money could be released we were informed to repair the roof and nothing was mentioned about the subsidence. We've just been patching up and painting over the cracks that appear. So no work was done.

 

Also what did you do when you found out about the work done without planning permission ? We were informed that because we brought the house there was nothing we could do none of the surveyors or mortgage company asked for any paperwork with regard to this.

 

How soon after buying the house was this found out about ? Within a few months when the surveyor came to check property.

 

Did you consult a Solicitors and what did they advise ? I did at the time and we were informed that it should be fine but expensive to insure.

 

Hope that's helps

 

Think you have suffered from getting bad advice in the past. The surveyor for Abbey should have advised you to get a coal mining report to see whether any claims had been made and what the area was like. A surveyor should know what mining has taken place in the area and what information is available.

 

Previous subsidence and works without planning, yet you do not seem to have been given any sound advice. My Solicitors would have told me to find out more information and to get it resolved or sell it. Surprised mortgage lenders did not pick up these issues and not provided the mortgage, unless they had not been given information. Something does not sound right. I have worked in a mortgage companies underwriting section checking survey reports for mortgage//insurance purposes, so what you are advising sounds like they did not pick up on information or they were not provided with it.

[unclebulgaria67]

The coal authority have issued reports and said that the mineshafts are fine one is filled the other isn't and it's not causing any issues but it has been a good couple of years since the reports were done and we tried everything to get them to possibly sell it over etc.

 

As it stands it's in the hands of the mortgage company to sell and I only now information when j call up to find out what's happening.

 

There are a number of properties that have the same or similar problem they just end up selling via auction or really cheap it's difficult to get mortgages on our side because we are on a slope and have a canal at the back.

 

The house is 110 years old.

 

Suggest a Data Protection Subject Access Request to the mortgage company for a complete copy of your file from the mortgage application stage. How did they manage to lend you the money given the situation ? I cannot see why they would not have some responsibility for the potential liability, if they missed information or did not assess the risk properly.

[summer1980]

Ive found the report from coal authority in 2005 and basically they say basically they cannot accept liability for the claim of mining subsidence and that the mine was extracted in 1905 so ground work would of ceased once property was built after. They refer to a slight sloping site which is possible initial settlement of structure.

[summer1980]

I will be honest I believe that they have made a error and there has been a oversight as the property should not of been remortgage to such extreme. Obviously I am to blame as well and u estimated the amount of work that needed to be done. I will request all information and see what comes up. Your help is really appreciated it's given me room for thought. Also there is amineshaft That has collapsed locally a few years ago where two houses came down just two streets away from my home

[unclebulgaria67]

I will be honest I believe that they have made a error and there has been a oversight as the property should not of been remortgage to such extreme. Obviously I am to blame as well and u estimated the amount of work that needed to be done. I will request all information and see what comes up. Your help is really appreciated it's given me room for thought. Also there is amineshaft That has collapsed locally a few years ago where two houses came down just two streets away from my home

Get hold of all the information. It might be worth speaking to your local MP, to look into the claim against the coal authority, given problems in the area. I understand that the mining finished before the houses were built, but what is the legal limit for their liability.