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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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i have a reposession order on my property i have got behind

Resolved Question:

i have a reposession order on my property i have got behind with my mortgage payments im currently two months behind i have received an eviction date for the 30 of august i received the letter yesterday (saturday 19th ) i have the money to pay for the mortgage payments but my mortgage company and their solicitors have said i cant pay and i have to move out or pay the total amount of arrears which is around 10k which is why i had the repayment plan and possesion order in place is there anything i should do to help me save my house or is it not possible? i am currently in bankruptcy i went bankrupt in november 28 2013 i hope someone can help.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.
tdlawyer :

Hi thanks for your question. My name is***** can assist with this.

tdlawyer :

If you can normally pay off the arrears, or make sensible proposals to pay, the court will usually allow you to pay off rather than seek to evict you.

Customer:

they say that as i broke the original agreement and have got two payments behind i cant do anything unless i pay a lump sum and i have been told they are looking for the whole amount

tdlawyer :

That's not true.

tdlawyer :

There are many cases on this.

tdlawyer :

Essentially, if you can make reasonable proposals to pay off the arreas over the remaining term of the mortgage, and meet the usual monthly payments, the Court is likely to refuse to evict you.

Customer:

i thought that also. i was thinking if i paid the last two payments to them and go back to court at my cost i think its 40 pounds i can afford that okay they cant really say i am behind and will surely look better than if i do what they say and not pay anything

tdlawyer :

Yes, that's absolutely right.

tdlawyer :

It's usually worth going back to court in these circumstances, otherwise, you will lose your home on the eviction date.

Customer:

their solicitors have said that if i pay and they dont agree i will lose the money as they feel a judge wll rule to evict as we are behind they will look at my history with the mortgage company i have been late a few times paying

tdlawyer :

You never know what the judge will do, but usually, if they feel you stand a reasonable chance of being able to pay off the arrears, they will suspend the eviction order and give you another chance.

Customer:

sorry if i keep asking the same thing im really worried and nervous. i also had a letter on the same day saying if i called them i could still keep my home and they sent someone round to ask a few questions a company called dms to help repair the link it says on the letter he came round last week as well i rang him and he couldnt understand how they have done this so quick

tdlawyer :

I understand, don't worry! Basically, they will try and press you for whatever they can get out of you. If you go to Court, then all I can say is that in my experience, Judges do not like evicting people, and will often take the chance to suspend a warrant of eviction wherever they can. Case law also says that they should suspend where there are reaonsable and workable proposals for payment that looks like you can and will meet. There is no guarantee I can give you, but your only alternative is to pay everything they ask for, which if you cannot do this, then you either lose your home on the eviction date or you make an application to the Court. I know which I would do ...!

Customer:

i do live with my girlfriend and my son is 3 and my daughter is 11 thats the questions the chap came round and asked me for those details. thanks for your advice i will call and book a court date tomorrow and also phone the mortgage company and pay the two months

tdlawyer :

Okay, I do hope you manage to resolve this. Maybe let me know what happens, it would be good to hear from you.

tdlawyer :

In the meantime, can I check whether you're happy with the service today please?

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