Rooftop mortgages

[FARNJULLHOUSE]

ROOFTOP MORTGAGES HAVE ISSUED ME WITH A SCHEDULE UNDER SECTION 2 (4) OF THE MORTGAGE REPOSSESSIONS ACT TELLING ME I AM A TENANT. WE OWN THE HOUSE AND HAVE A MORTGAGE WITH ROOFTOP.
WHEN I REACHED RETIREMENT AGE SICKNESS BENEFIT STOPPED HELPING ME AND PENSION CREDIT I had been over paid but I don't understand how.

Rooftop have said they want the full 2,276.46 NOW I am waiting for my mums house to complete which I am my brother will get some money more than enough to clear rooftop.

My solicitor Tarman Hasson at Lyons Davidson said in an email she cant help with matters like this. Do I go to a senior partner in the firm? Rooftop in this notice state we have 14 days to leave.

Any help pleaseI am disabled my husband has had an accident and is on crutches and cant drive or climb stairs.

I am at my wits end I don't know what else to do
thank you:tinysmile_cry_t:

[Kati]

Re: Rooftop mortgages

Surely if you're the owner (and have a mortgage on the house you are living in) you cannot be classed as a tenant :noidea:?

Although ... if you are being called a tenant, then you could apply to the courts for a 'postponement' - http://england.shelter.org.uk/get_ad...ndlords_lender

Applying to the court to request a postponement

You will need to use Court Service form N244. You should send it to the court where the hearing will be/has been held – their contact details should be on any notices you have received.

Provide any relevant documents and information that will help the court to understand your situation, including:
a copy of your tenancy agreement (if you have one)
any proof that you have of rent payments (eg a rent book or details of payments)

For some households, it may be particularly difficult to find somewhere else suitable – eg if you need wheelchair access or a large property. If you are in this situation, you should explain your circumstances and confirm any steps you have already taken to find somewhere (eg signing up with letting agencies or applying as homeless).

The court will also consider:
your personal circumstances (eg if anyone in your household is vulnerable and/or if the type of accommodation you need is difficult to find quickly
whether you have broken any of the terms and conditions of your tenancy (eg if you have rent arrears, have behaved antisocially or have caused damage to the property)
whether the lender will suffer hardship as a result of delaying the eviction.

The court may decide to delay the eviction but impose conditions. For example, you may have to pay rent directly to the lender as a condition of delaying the repossession. This does not mean that your tenancy becomes binding.

[R0b]

Re: Rooftop mortgages

Firstly, section 2 (4) of that act makes no sense at all, however section 2 refers to notice of possession orders. A Possession Order would need to be acquired by going to court, and i'm sure they would need to steps before applying to court as you could argue it was premature.

You can only be a tenant if you are paying rent to a landlord - something smells funny there. Didn't rooftop fold a number of years ago or did have resurrected?

How long until the house will complete, what stage is it at? If they are relying on a possession order, I'd ask more information on this such as when they applied for an order which court it was at and give you a copy of the order.
Try ane xplain to them that the amount is a fairly small amount and that within X weeks you shall receive the amount to clear the funds can they wait. Can you make payments in the mean time?

[Debt Camel]

Re: Rooftop mortgages

Can I ask why you have a solicitor - is this in connection with the sale of your mother's house? Has she died and you are inheriting the house? How imminent is the sale of this house?

Have you asked why Rooftop have sent you a letter that appears to think you are a tenant? (Rooftop did offer BTL mortgages, so it could be as simple as them sending out the wrong letter.)

[FARNJULLHOUSE]

Re: Rooftop mortgages

thank you we are not tenants we own the property

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I have said that mum died we are selling the house it is under offer completion 3 weeks about. we own the house we are not tenants

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I don't understand we own the house mums house goes through on 3 weeks approx

[Debt Camel]

Re: Rooftop mortgages

What are the time scales for you getting the money from the sale of the house? ie when the sale has completed when are the executors going to distribute the money? If you don't know this, you need to talk to the executors as soon as possible about this - first thing Monday morning if the executors are solicitors.