Help Gmac Ltd Are Taking My Home

[friendgeorge]

Hi all

 

i know this place is about charges but i am in a mess, i owe GMAC £2,293.41 in arrears and solicitor charges and charges from them,they took myself and DH to court on the 1st March, whcih we knew nothing about, i don't know where the hell we are going to get the money from and the judge has awarded GMAC posession within 29 days nless we pay the arrears, the funny thing is the judge who awarded posession just dealt with a case for us with our car and ONline finance and he knows the mess we are in, i lost my job last year due to my illness then a car accident in october my hubby hurt his sholder which reslted in him taking a lesser job in work resulting in less money. What can i do? can i ask the judge to give us more time? i think i am going to have to go to one of those dodgy loan companys as we have terrible credit from the last mortgage comany SPML, which i may add i am trying to get my money back from them, please help someone????

[Guest Partypip]

I think it can be sorted out. You should have received letters about the court proceedings and the date to attend, from both the court and the mortgage company. Because you didnt go the judge had no option but to award possession to GMAC. I'm not sure of how to go about it but I would contact the court and explain that you didnt know about the court hearing and ask how you would go about getting the eviction postponed. I 'think' you have to fill in a form and go back for another hearing. When you go back for another hearing take an income expenditure with you and work out how much you can pay off the arrears each month. The judge should then grant a suspended possession order, saying as long as you pay the arrears you can keep your home, but if you miss just one payment, then they will evict you.

 

I was in court last year with GMAc for arrears and offered to pay £100 per month off the arrears, I did the income expenditure thing and the judge did grant them a suspended possession order. Watch GMAc tho... with me they then upped my mortgage payments by £200 per month as well as the £100 arrears I was paying, they refused to change my direct debit payment date, and charged me £50 per month arrears fee's and £30 per month for the direct debit not going out on the date it should do - all because they wouldnt change the date. So out of the £100 i was paying off the arrears, only £20 per month was actually coming off the debt.

 

A year on, Ive kept up with the repayments, and managed to move mortgage companies, and am now claiming back my £5K ERC and £5K in charges from GMAC

 

There is light at the end of the tunnel, rest assured, just dont offer to make repayments you cant afford. If I can help feel free to pm me

 

Good Luck

[PKea]

Partypip - Just read that you are claiming ERC charges ave you looked at the following,

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/62003-important-mortgage-claimants-please.html

 

Some people are losing and its costing them, Just dont want anyone to fall foul of this

[Guest Partypip]

Yes, thanks anyway Pkea, I've only sent off my prelim letter, LBA was due to be sent a few weeks ago, but I have held back until the pathway is a 'little clearer' if that makes sense. Thanks again

[storm]

Hi friendgeorge

 

When you say they took you to court how do you mean?

 

The normal procedure is they apply to the court for a possession order and then you would get an eviction notice through your door which is normally 2 weeks notice.

 

Is this what you have got, an eviction notice through your door, but with 29 days notice?

 

If so, a judge hasn't made any decision yet so there is plenty of hope

[Bona]

Please dont panic GMAC took me to court over 20 times and they never got my house we eventually sold it you need to make an application to the court it will cost you 30 pounds you need to say that you did not recieve any notice of any court hearing you will get a date for your application to be heard once you have that date they cannot do anything untill after the hearing . When you make the application tou need to do a

statement of truth why you want a hearing ie as above never were served with documentation. Once you have your hearing you need to do a income and expenditure statemnt decide on how much you can pay and stick to it, but first get down to the court and get the application in so that stops any possession till after the case

if you readf through the threads there is quiet a lot about possession orders,

[friendgeorge]

Hi all and thanks for the info, i cannot believe that we are in this situation yet again, we have had an awful time, since buying this house 5 years ago, i have borrowed £500 from my mum to pay tomorrow, just to show we are paying something, but i have just done an outgoing and incoming and well its shocking, we are -£600 per month, basically i don;t know how we have lived since last year, when i lost my job??? anyway i rang TLC who are dealing with the situation for GMAC and they were not helpful at all, she told me oh don't worry you have 28 days to get out...... and that she could not advise anything we can do as she works for GMAC, and GMAC were the same as usual sorry can't help its in the hands of the solicitors now, i have looked at the papers they sent today and we are being charged £250 per month for being in arrears, GMAC told me £150 of that per month is solicitors costs, i don;t think that's right is it? I think we will either have to remortgage or get a secured loan, i can't see any other was out.....

[friendgeorge]

p.s here's what i got this morning from the court and TLC solictors

 

The court orders that:

1. the defendant give the claimant posession of (my address) on or before 29th March 2007

2. the money claim be adjurned generally with liberty to restore, if no application is made to restore within 12 months the claim will be struck out.

 

I then had the papers from TLT solicitors (sorry not TLC) stating what they will be doing, they are dated 17th Jan 07, i did not get them, nor the court date?

[Guest Partypip]

friendgeorge - in all honestly, take the advice from Bona. Go to the court NOW and get this sorted out and all will be fine

 

Income expenditure - have a look and see what you can drop from expenditure and be ruthless. You nned to pay your mortgage, but dont say you can afford repayments and then dont make them, or you will lose the house.

[storm]

As everyone says act now

 

I have fought off 6 repossession orders myself in he last 2 years at one stage 7k in arrears

 

Don't speak to GMAC solicitors, of course they will not help you, they are working for GMAC

 

The first obvious questions are how far behind are you with repyaments (I mean in months), what is the monthly payment and how much can you afford?

[Bona]

Dont take another loan out yet get down to the court and certainly dont speak to GMAC they are B/////////s ask for an upto date staement of account just to see what they are putting on when you get a court date this site can help with defence lots of us have been in the same situation on a brighter note GMAC are paying back arreas fees in some cases.Your application is for the order of possession made on Date..... to be suspended on terms as decided by the court add that you will be adding a further witness statement nearer the court date What type of Mortgage have you got how much equity have you in your house

[friendgeorge]

Hi Bona and all thanks for the info, just been looking on HMCS on line and the form N244 i think i need cannot be done online, but i will go to the cort tomorrow, as i get my incapacity tomorrow, no money today? anyway i am on interest only normal amount per month was £464.00 i agreed to £550 which i cannot pay, but they persuaded me to pay this amount, they are **** bags, no help what so ever, GMAC told me when i rang back in Nov 06 that loosing my job and me and hubby having the accidnet, was not their problem, and that was her exact words, so what do you say to that, nothing? anyway they told me they could not help us as we are interest only already, so nothing they could do? i am tring to get money back from everywhere, SPML, Household bank, and Barclays, but i'm not getting anywhere, i have no money and also hubby dosen't know the half, he's going to kill me when he gets home, but really i should of told him the most of it, but i haven't its been such a worry since i lost my job then him being injured in the car accident, and we also lost our case with the car finance company in court a few weeks ago, it's just a mess, and i don't know where to start, i wish i could just go away, and come back and it's all finished, thanks for the advice anyway guys this site is keeping me away from the men in white coats, and a section, i really don't want to loose my home.........it's all we got.......

[friendgeorge]

sorry forgot to say we have about £30,000 to £40,000 equity in the house since we bought it, and after payingthe mortgage with GMAC, i need to remortgage by dec 07 anyway as my deal with gmac is up

[Bona]

You need to pay something can you pay the normal monthley payments have you followed the advice on this site for getting back bank charges email or write to GMAC and ask for a statement so you can see what they are adding just take it step buy step if you have to re mortgage in Dec you need tostart looking quiet soon some one on this site may be able to recomend one

[storm]

Puts a different complexion on it if your mortgage ends this year

 

The fact you have 40k equity is a huge plus, one of the things the judge will look at is if the mortgage company is going to lose out. Fact is even if you paid nothing between now and December there would be approx 5k arrears if my maths are right, so there is no danger og GMAC losing out

 

If your finances are that bad I am afraid you may have no option but to seel your home, better that than GMAC getting thier hands on it and probably selling it for just enough to cover what they are owed

 

So another option for you is pay what you can afford each month, hopefully at least the minimum amount of the mortgage and ask the judge for time to sell your home yourself, pointing out that there is no danger of GMAC losing out due to the equity

 

This bides you some time, and if you can clear the arrears, get re-mortaged and stay where you are then great

[Bona]

Before you think about selling look at the long term at least a year what are the prospects weill you have any money coming in storm is right re your equity also the proceedure in repossession is that if the arreas can be paid back in a reasonable time then the they cannot be repossessed again storm is right the arrears can be paid back buy you re mortgaging in dec with out loss to them if you re mortgage before no doubt you will have to pay an erc find out what that would be because you may be able to use that against them are you having arreas fee put on you r account and others all this information will help in your application who are the solicitors gmac use several and for the first few hearings they use what is termed bulk litigation dept the fees for this range from 300- 600 pounds

which they will add on first and formost get down to the court tomorrow put in your application and let us know when the hearing will be and what you can pay

good luck

[Nightmare4banks]

friendgeorge,

 

In reply to your post and in my view:

 

1.Do as others have mentioned and apply to have another hearing.

 

2.There are 4 possible options to solving this problem:

 

a.Selling the house.

 

b.Remortgaging.

 

c.Paying the monthly instalment plus the arrears over the term of the mortgage.

 

d.Obtaining a 2nd charge loan.

 

Option a - no good unless you have another property to live in.

 

Option b - remortgaging is no good if you have a high ERC.

 

Option c - this is a fairly common approach taken by the courts which is known as applying the precendent case of Norgan - I have posted elsewhere a link to the details of the case.This your FIRST best option if you can afford to do so.

 

Option d - get a 2nd charge loan is probably your SECOND best option as long as you can clear the arrears and pay the loan instalment as well.Also,by doing this you will not need to worry about the ERC as you would be able to use the equity to clear the mortgage arrears and then when the tie period expirse you can remortgage.

 

Anyway,I hope you find this information useful.

 

If you need any more help,just ask.

[storm]

Is the Norgan case any help with the mortgage term only having a few months remaining ?

[catherinebear]

Hi there

Just read your thread and our hearts go out to you. We had a mortgage with GMAC and then remortgaged with Kensington we were in a very similar situation to yourselves but had to sell prior to being repossessed and we had no equity once the ERC etc was paid. We were lucky and rehoused by a Housing Association as I was disabled. We sold and completed on 31st Oct 2005 and I was going into hospital in Nov for very major surgery on my spine and they could not have cared less. We loaned money from friends and took a Second Charge loan to try and keep our home but all failed. All I would say is read all the advice given carefully. I would certainly go to the Court and pay the £30 and file the necessary papers, we did this in our case which gave us more time. Obviously you do have a good amount of equity so perhaps if the Court rules in your favour you could sell and down size if this was a possibility or if you think you will be able to meet the payments take a Second Charge on the property in the form of a loan. If I can be of any help just message me.

Good luck thinking of you with fingers and toes crossed.

Catherine Bear

xx

[Nightmare4banks]

storm in order to possibly assist you further,please start your own new thread and answer the following:

 

1.Amount of Arrears.

2.Current monthly instalment.

3.Start date of mortgage.

4.Whether the repayments are interest and capital or interest only.

5.Amount borrowed.

6.Amount Outstanding.

7.Current value of your property.

 

Feel free to send me a PM if you wish.

[storm]

?????

[Nightmare4banks]

storm,

 

I thought you had your own specific mortgage problem,if not simply ignore.

 

If it is the case that you DO NOT have a problem,the mods could delete this thread.

[storm]

No, did have, but all sorted now

 

Still don't see how the Norgan case will help friendgeorge though, give the fact that the mortgage term only has a few months to run

[storm]

Where have I mentioned or asked for advice regarding any mortgage problems I have had?

[Nightmare4banks]

Another point to add:

 

I disagree with the fact that if the property is repossessed,the fact that the equity would be lost.

 

This is because the mortgage company has a duty to get the best price and the precedent case for this is:

 

Skipton Building Society V Bratley & Another

 

The link to this case can be found under another thread within this section of the forum.