Repossession and home rights

[just_me]

If home rights were registered on a property six years prior to a mortgage being registered and the house is repossessed, what happens to the home rights? The mortgage was not held by the person with the home rights, nor was the property in their name. Also the repossession court order does not require the holder of the home rights to Repay the mortgage (it does of the mortgage holder) or release the home rights.

[Crazy council]

Re: Repossession and home rights

this is th only relevant write up i would find

http://www.irwinmitchell.com/about-u...t-is-the-point

[just_me]

Re: Repossession and home rights

this is th only relevant write up i would find

http://www.irwinmitchell.com/about-u...t-is-the-point

Thank you. Unfortunately all the advice seems to assume the mortgage was registered before the home rights notice. Nobody can tell me what the situation is if the home rights was registered first.

The he closest I have is lawyers telling me the legislation binds third parties who purchase a property with the home rights intact and that those new owners are bound by the home rights. They think that might also apply to mortgages. I just don't want to pay lawyers who can't point yo case law and say that it has been established that this is the case.

[Diana M]

Re: Repossession and home rights

If home rights were registered on a property six years prior to a mortgage being registered and the house is repossessed, what happens to the home rights? The mortgage was not held by the person with the home rights, nor was the property in their name. Also the repossession court order does not require the holder of the home rights to Repay the mortgage (it does of the mortgage holder) or release the home rights.

I'm guessing this is not a hypothetical question

Is this something which involves your current home or property, and/or has their been a repossession at any stage which effects you in some way?

Di

[just_me]

Re: Repossession and home rights

I'm guessing this is not a hypothetical question

Is this something which involves your current home or property, and/or has their been a repossession at any stage which effects you in some way?

Di

Yes it is. Ex-h and his parents manufactured a mortgage to defeat my home rights. The mortgage was registered some years after my home rights. Although they had initially given him most of the money for the property as a gift. We did live there but are overseas and were renting it out to pay for our housing here. The mortgages repossessed the property. Ex-h did not defend. He also stopped paying child support so I could not afford a lawyer and prevented me from taking our small children out of the country we are in so I could not even represent myself. Therefore his parents got a default ruling granting them the property (yes the judge was aware of my situation but would not grant me time to sort it out)

[Diana M]

Re: Repossession and home rights

Who was the mortgage lender who repossesed the property (when was that?) and what (if anything) was registered on Land RegIstry about your "home rights"?

Di

[just_me]

Re: Repossession and home rights

Lenders were his parents and the mortgage was registered after my home rights

[Crazy council]

Re: Repossession and home rights

ahhha,

So, home rights given before mortgagee

1. was there a mortgagee on the property at the time the rights were granted,
2. Who was the owner at the time the home rights were granted.
3. Didnt you have to relinquish your home rights upon the mortgagee by the parents.

( upon getting morgagee, the co usualy sends a letter to all occupiers in the property, informing them of the morgagee )

actually, was it a proper morgegge they gave, or a home lone as a first charge against the property.

I think what you saying is, the parents morgagee and action, were basically set up to subvert the home rights that you had established.
I dont know anything firm about this ( had to read up before i put a response ) but:

i, I would guess continuing home rights might be tide to occupation
ii, I still think the morgage holder, if done properly, can repossess and end all rights.

One of the man questions i suppose, was how twas the mortgagee set up.