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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Can a person who has been evicted from his property as a result

Customer Question

Can a person who has been evicted from his property as a result of non compliance to a court order remortgage the house and move back in without the court's permission
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thank you for your question.

tdlawyer :

My name is Tony, I can answer this question for you.

tdlawyer :

You should only do this with the consent of the compant that got the possession order against you.

tdlawyer :

If you do, then they could get a warrant of possession, which would result in the bailiffs being sent around and then you would be evicted again.

tdlawyer :

The additional costs of the bailiffs coming over again would be added to the judgment debt that already exists, including the amount that you owe.

JACUSTOMER-hlvwy845- :

The situation is as follows, My daughter's name is at present on a joint mortgage and the divorce absolute order said it should be removed. This has not been done as her ex husband could not remortgage owing to his income. In June 2013 A district judge ordered that the house should be vacated by her ex husband and it should be sold in order that the joint mortgage should be redeemed. On 4/10/2013 he was evicted from the property by the baliff and the property is now sold subject to contract. Suddenly today he has a mortgage offer and is demanding the keys. This cannot be right as he does not occupy the property so how can he remortgage it?

tdlawyer :

You're right that he cannot return. However ... what he can do, is pay off the mortgage (with another mortgage obviously) and then have the home back.

tdlawyer :

This is called the "right of redemption".

tdlawyer :

Basically, so long as the lender gets paid, it doesn't care.

tdlawyer :

As the lender has taken possession though and has a court order to sell, it involves paying off the mortgage and then going back to court to stop the proceedings.

JACUSTOMER-hlvwy845- :

You are missing the point, the lender has not taken possession there are no arrears he has disregarded three court orders and it is the Court who have ordered the house to be sold. My Daughter who is obviously acting as an agent for the Court had to pay a considerable amount of money to carry out this order. How does she stand in recovering these monies should the sale be abandoned?

JACUSTOMER-hlvwy845- :

I am well aware of 'right of redemption' I am a mortgage broker of some years experience, but I have not run up against anything like this before.

JACUSTOMER-hlvwy845- :

I thought that you would have been able to supply answers which I could have given to my daughter to put her mind at rest.

Expert:  tdlawyer replied 3 years ago.

I'm sorry it doesn't seem like I can tell you anything you don't know.

I will opt out and see if anybody else can add anything else for you.

Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

I can confirm that the answer you have had is correct. I'm afraid we can only give you truthful information
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
As I understand it this is not a repossession case at all.
This is a Family Law matter and the Court Ordered the sale because your daughters ex had failed to obtain her release from the mortgage - is that correct?
If that is the case then I need to know if Contracts have actually been exchanged on the sale; what extra costs have been incurred and how much your daughter is to receive if the house is sold?
Clare