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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I need to make an urgent application for an injunction to stop

Customer Question

I need to make an urgent application for an injunction to stop the mortgage company from selling my property, a property which I had been renting out. I have made an application to seek permission to appeal which will take a few weeks to process. In addition to above, a law firm (who I’m in dispute with) gained a possession order for some unpaid legal fees in August 2011. This law firm had somehow gained between Jan 2012 and Jan 2013 (when the tenant moved out) all the rent on the property (ahead of the mortgage company who have first charge and are owed a significantly greater sum) without paying the mortgage liabilities. This in turn left substantial arrears with the mortgage company (I stopped paying the mortgage in Aug 2011 when the law firm gained the possession order). The mortgage company themselves had a suspended possession order since June 2009 and in Aug 2012 made an application for a warrant for possession which they obtained 22 Jan 2013. I am worried that the property will be sold below its market value and that there is some collusion between the law firm and mortgage company. Since last month when the mortgage company gained possession I have offered to pay the arrears but all I have is silence from the mortgage company's representatives.
I like to know
i) what are reasonable grounds to make my application (for an injunction) to stop the sale until my appeal has been considered.
ii) what rights did the law firm have to receive rent ahead of the mortgage company without paying liabilities
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
How much in arrears are you?
Customer: replied 3 years ago.

£30,000 due to the law firm gaining the tenants rent (received in excess of £25k).

Expert:  Stuart J replied 3 years ago.

Can you pay the £30,000? If so, why havent you paid it?

Has the Mo Co taken possession and excluded you?

Did the sols have a charging order?

Customer: replied 3 years ago.

I told the Judge I was making an interim payment application as I have in excess of £100k in the High Court funds office (I'm a claimant in a civil action).The Judge did not accept this. Moreland's were taking the rent that I believe should have paid the liability of the mortgage payment.Please see my first question to you.


 


Mortgage company took physical possession,sorry I don't understand?


 


Yes sols had a charging order.

Expert:  Stuart J replied 3 years ago.

You need to apply to court to get possession set aside but you will not succeed in that unless the arrears are paid.

Why havent you paid the arrears?

Customer: replied 3 years ago.

the questions were specifically below which as yet you haven't answered


 


i) what are reasonable grounds to make my application (for an injunction) to stop the sale until my appeal has been considered.


ii) what rights did the law firm have to receive rent ahead of the mortgage company without paying liabilities

Expert:  Stuart J replied 3 years ago.

You will not get it set aside at this late stage unless you pay the arrears which you seem loathe or unable to do.I am opting out for another expert

Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

I see the expert has opted out - do you still need help?

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