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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My brother had a mortgage through GE Money, he fell into arrears

Customer Question

My brother had a mortgage through GE Money, he fell into arrears due to him being off work with severe depression - confirmed with GP's notes. GE took him to court for arrears and charges. He paid the mortgage arrears off before the hearing (not the costs and charges for the arrears) but GE Money was awarded a suspended possession notice.
he made regukar payments and the following year he raised a 2nd charge loan, a condition of which was that GE wanted their charges for the arrears and costs clearing - some £9,000.00+. These were duly paid.
He was then notified of a change in title as GE had sold the mortgage on to Pomotoria (Vantage) Ltd.
Unfortunately he has again entered an arrears situation BUT Engage Credit (Part of Pepper UK Ltd, agents for Promontoria Ltd) are taking him to court to reclaim his property based upon the Suspended possession Order made over 2 years ago.
How can this order still be in place when he cleared all the costs/charges in relation to the order at GE's request and can this new Title holder lay claim to a previous Suspended Possession Order made under the GE Title?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Just to be clear the arrears and costs were paid from the original possession order?Alex
Customer: replied 1 year ago.
Yes, he cleared all arrears and charges - had to inorder for the second charge to be placed.
Expert:  Ash replied 1 year ago.
Ok - therefore the order has been satisfied. They can NOT use the existing possession order.If the order has been satisfied then it is settled and they would need to issue new proceedings.Can I clarify anything for you about this today please?Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.
Expert:  Ash replied 1 year ago.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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