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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 12859
Experience:  I have been practising for 30 years.
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You were so helpful yesterday. The mortgage was interest

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You were so helpful yesterday. The mortgage was interest only which finish in 2014 I have in the meantime still paid the mortgage and cleared about 56,000 but they are still want it cleared. Could they kick me out of the house My daughter is just 16 with mental health issues and is autistic......

If the outstanding mortgage is only GBP6000, whilst the lender could apply to court for an order for sale to compel you to sell the property, it’s unlikely that provided you continue to pay the mortgage as you have done, they would actually do that firstly because there is no point in doing it if they are being paid but secondly because they are unlikely to get the order because the remedy they are seeking is disproportionate to the problem.

That’s not to say that greedy lawyers would not see this as a licence to print money and convince the lender do issue the proceedings in court anyway even though they are unlikely (in my opinion) to succeed particularly in view of the fact that you have a dependent child

If there is only GBP6000 outstanding, it would certainly be worthwhile investigating borrowing that money elsewhere because with such a small amount of money and a large value house, secured loan would be a good deal for a lender. Just not your current lender.

Before you go (you can come back here at any time as the thread stays open), please do not forget to use the Rating Service because that gives me credit.

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It doesn't just give me a pat on the head!

The thread remains open, and we can still exchange emails.

Kind regards.

FES

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