I have been served an eviction notice for 2 weeks time due to mortgage arrears. How can I stop this?
We had a family bereavement several months ago leading to funeral cost and fell into arrears with our mortgage. The lender misled us into thinking that low payments are better than nothing at all so when we were served with a court date we were very surprised. We managed to find the money and pay it off however, this has had a knock on effect to future payments in catching up with everything after having to find a lump sum. Today we were served another notice to be out in 2 weeks even though they only applied to the court on friday. We can’t find the money from anyone (believe me we’ve tried!) and I have filled in a form at the court today and have a hearing on thursday to delay the eviction warrant. We have another lender who has agreed to re mortgage our home and they reckon it will complete in 3-4 weeks however the eviction date is in 2 weeks. How likely is it that the judge will grant us an extention?
Please only reply if you have genuine advice as we are stressed enough. Thanks
Related posts:
- Can I deduct the mortgage interest that I paid on Jan 1, 2008 but is for Dec since mortgage is paid arrears? I need some clarification on this matter. I know mortgage payments are paid in arrears. Meaning the payment due on the first (ex: Jan 1) is actually for mortgage principal...
- Ch. 7. Motion to lift stay(mortgage) In Arrears.How long do we have? I am three months behind.. Filed chapter 7 two weeks ago. I have gotten 1 letter when i was 2 months behind giving me 30 days to pay or the...
- Can i force a judge to let me repay my mortgage arrears over the term? by quoting Norton vs Cheltenham & Gloucester court of appeal case. I went to court and the Judge said he hadn’t even heard of it and over ruled it.Quick House...
- Hi, I’m getting divorced and I won’t be able to pay my mortgage. What happens when i go into mortgage arrears? I’m getting divorced, my husband became violent and I’ve had to call the police on a number of occassions. He used to earn a lot of money so we bought...
- i am in 1 1/2 months arrears with my mortgage and have just sold my house? how likly is it my home will be repossed while im waiting to the usuall avrage six weeks it takes to complete a sale of house ?? and do mortgage...
Sorry cant help you but good luck
i hope the judge is sympathtic towards you ,good luck.
It is possible that an understanding judge may grant you the extension.Take all correspondence from the lender with you and try to impress on him that you are reallt trying to sort it all out.Best of luck,I feel for you.
you could try the free advice from the CAB or use any solictor for the half hour free consultation,but personally I would go to the CAB tomorrow (don`t delay it) they can act on your behalf and make those all important phone calls,
I hope this helps , but do it in the morning,just get thier number give them a call and stress the importance of seeing a representative that day,,good luck…
Go to your local council housing department. They will give you advice about where you stand. I used to be in a housing dept but legislation may have changed. We frequently had to give advice on eviction notices.
i know very little about this, but i know where you can find very good advice. The C.A.B. (Citizens Advice Bureau) have specialist people who deal with this sort of thing every day. call them, make an appointment to go and see them as soon as possible. with their help you wont lose your house!!
good luck
I had to go to a county court over arrears. The circumstances were not like your though. I had changed jobs and the new one did not pay what I thought it would. It was a Sales job and it was almost impossible to make the sort of commission and salary the job advertised.. As I had a young family the judge gave possession to the building society in a months time. He said that if we ad not got any new arrangement in this time ,he would not see us and the children on the street and would defer the eviction as long as was necessary. What it meant though was that I had an official court order against me that I could show to my local council to prove we would be homeless. Thia authorised the council to give us high priority points for housing and we got a nice house offered to us in two weeks ,which we accepted. The judge in your case I hope will also be sympathetic to your situation.
How awful for you.
I would like to know the name of your mortgage lender so I can stay the hell away from them in future!
I really think you need legal advice.
I know solicitors can be expensive and additional cost is not what you need right now, but it might be worth it to keep your home.
I think you need a solicitor to convey your re-mortgage anyway, so ask them if they can help with this too.
If you really don’t want to do that, then try your local Citizens’ Advice Bureau. Trainee solicitors often volunteer at CAB to get experience.
Or if you are a member of a union, or even an ex-forces group or something, they may provide legal help.
Another place to try is your local council. They have an obligation to house the homeless (which you would be if this doesn’t work out ok). Most councils have nothing in the way of housing to spare anymore so do whatever they can to keep people in their homes. Not the best option, but something to think about if all else fails.
I don’t know if you knew, but you are entitled to money from the state to help with funeral costs. You might also be able to get a one-off hardship loan.
There are also many charities who make one-off grants to people, often just because they are short of cash. (I’m a Trustee of one!) They may give you money to pay your legal costs. I don’t know where you’d find out what your local charities are, but your local council or library is a good place to start. Try searching the web for the name of your local area plus the word “eleemosynary” (not a spelling mistake!)
Have a look at the two links below. They should give you a bit more info.
I hope this is useful for you. And I really hope it works out ok.
Best wishes and the best of luck.
I work in the field of secured lending, you can get a secured loan in two weeks and this should help providing consent is granted from the existing mortgage lender. You need to work fast and gain an estension. Go to the docs claim you are stressed and this should help put it off for a while. Your health is under pressure due to the stress, get a docs letter and try and stall this way. Good luck, let me know if I can help!
Look , talk to the mortgage company and explain to them as to why you are behind in your payments , they should understand .
If You have been given the paperwork by the Courts , reply to the Court giving your reasons , stating that you are willing to make up the difference
Under the circumstances the judge should throw the matter out
Your lender seems to be jumping the gun somewhat. They may like to think you have vacated your home in 2 weeks without going to court. I would ignore them.
A court must grant them possession to evict you. The judge would look at your circumstances and note the fact that you have kept paying, even if it was a reduced amount.
The worst case is he would grant your eviction but would give you at least 28 days to leave, if not more. If this is your first time in court for non payment, he/she will probably grant a suspended possession order to give you time to clear your arrears.
You say you have a remortgage in place, this will be taken into account.
Sometimes the court can be your best friend because what it says is binding.
Eviction is a last resort, mainly for people who ignore the problem.
I would let the press know and show this lender up for its callous attitude.
I faced a similar problem some years ago. It went to court and the judge threw it out!. I had kept paying something, and like you, I was only weeks away from solvency.
My lender was so peeved, I enjoyed watching them make expensive fools of themselves. This was the Nationwide.
I dont know what othe people have posted but please see the citizens advice bureau for expert free advice.
Go and see your local citizens advice bureau they will help you get a solicitor who will look after your eviction warrant. I hope it goes alright for you.
If you have evidence that a re-mortgage is definitely going ahead, then I should think you would get an extension. Go to the hearing with whatever paperwork you have, and also ask the new lender to write a letter addressed to the court that you can take with you.
If you can’t provide such evidence, and it is not definite that it will in fact go ahead, the Judge is unlikely to agree to prolonging the inevitable.