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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My mum went bankrupt a few years ago and has two mortgages,

Resolved Question:

My mum went bankrupt a few years ago and has two mortgages, one with HSBC and one with GE Money. HSBC is her first mortgage.
When three years was up the Official Receiver took my mum to court in order to take possession of the property, she was too ill to attend and so I went instead. I took paperwork and details explaining the situation that my mum is terminally ill and suffering Lung Disease (COPD) and that it's not good or ideal to move her. She's been given a prognosis of 3 years and is very unwell.
I've been trying to deal with her affairs but I'm only 20.
Both HSBC and the Official Receiver have both agreed not to touch the property due to the circumstances, however GE money is trying to take possession of the property.
The Manager from HSBC that deals with the mortgage arrears legal team said that as the first mortgage, GE Money cannot even try to take possession of the property without their consent (which they have not given). Please let me know if this is true, if so then GE Money cannot take the property.
Either way, GE Money has received the same doctors, hospital and medical professional paperwork stating how ill my mother is as HSBC and the Official Receiver. I don't understand how they can be doing this! My mum is dying. Please tell me if what GE Money is doing is legal and how I can deal with this situation.
My mother is extremely ill. She can't walk to the bathroom most days or even wash herself.
What can I do?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Have GE applied for possession yet please?

Customer:

Yes. they have a possession order

Customer:

Hello?

Alex Watts :

Ok - when was the order granted?

Customer:

3rd September for eviction to take place on the 15th

Alex Watts :

Ok - its bad news I am afraid.

Customer:

*15th October

Alex Watts :

GE Money have a secured debt. The right exists in the contract that they are entitled to possession in the event of default.

Customer:

ok

Alex Watts :

The court can't prevent a creditor from excersing their right as a creditor to take possession of what is a secure debt

Alex Watts :

Whilst HSBC and the OR may agree to postpone any possession

Alex Watts :

GE clearly have not

Alex Watts :

Sadly you can not make them

Customer:

So what can I do to prevent this?

Alex Watts :

The fact remains is they have a secure charge and they are entitled to possession

Alex Watts :

I agree, it is not fair but sadly you can not stop them

Alex Watts :

You can't do anything

Alex Watts :

You can try and appeal the possession order but sadly I just think that will delay the invetiable

Customer:

OkY

Alex Watts :

They have a secure charge - by law they are entitled to possession

Alex Watts :

High Street lenders are quite reasonable

Customer:

ok

Alex Watts :

But people like GE money just use this type of event to make money and get higher charges

Alex Watts :

Sadly its wrong, but the law is not on your side

Customer:

ok

Alex Watts :

If there is a debt which is secure the Court must give possession

Alex Watts :

I am sorry that this is not the answer you want and certainly not one I want to give you, but I have a duty to be honest

Customer:

Thank you for your time

Alex Watts :

If you can show that you can pay the regular monthly payment plus a sum towards the arrears, you could apply to suspend possession

Alex Watts :

But if you can't afford the monthly repayments then there is no point even making an application

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

What is the name of the suspension court document?

Customer:

So I can try and put a hold on it

Alex Watts :

Hold on

Alex Watts :

Form N244

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Customer:

thank you

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