Repossession

[Su_lowe43]

Hi,
I'm due in court for repossession of my house in just over a week's time. I received today a letter from the mortgage company solicitors stating they enclose a copy of their letter to the county court, requesting this matter be adjourned. The letter that they've sent to the court states that they have been instructed by the claimant to adjourn the hearing to allow the matter to be investigated further and would be grateful if the matter could be adjourned generally with liberty to restore. We trust the court will excuse our attendance at the hearing to avoid costs. We confirm that we have today sent a copy of this letter to the defendants and look forward to receiving the usual notification that the matter has been adjourned."
I don't understand what this means? I don't understand why they want an adjournment. Could somebody please help?
Thank You

[meellis]

Re: Repossession

Evening, I am sure that a few more details would be helpful so an answer could be given. You seem aware that you should have been in court could you say why, who the mortgage company is, have you questioned the mortgage company about anything prior to this or indicated any concerns to them. It seems as though they are frightened they might not win for some reason but more details would be required to answer why.

[Su_lowe43]

Re: Repossession

Evening, I'm not actually due in court until the 5th June. The mortgage company is Kensington's mortgages. The repossession application was put in for non - payment of mortgage because my Ex husband was removed from the property for DV, & he finally stopped paying the mortgage which has put the account into arrears. Therefore also causing financial abuse upon myself. The mortgage company are aware off all this. They did put a hold on the account stopping all court proceedings but then recently removed it & applied to the court for repossession & then today I received the letter that I first quoted in my first thread. I hope this is off some help?

[Crazy council]

Re: Repossession

Hi

At a guess, they have not followed a part of there procedures for applying and they will do what they need to and re-apply. This may include trying to make arrangements with you or the mortgagee holder, before further action.

Do you want to keep the property ?

or what result would you be aiming at. Its always better to have a plan to aim for at this stage. There is possibly a few option available to you, and there are some posters on here ( LB ) and the site owners/admins that are quite good around the issuse your facing. Some info would be usfull, but not essential

financial stuff

total arrears on mortgage
Total outstanding on mortgage
value of property
anything else tied to the property ( charges )

were you together or married when purchased the property
are both names on the mortgagee

[Su_lowe43]

Re: Repossession

Hi,
First off all I don't want to keep the property due to me not being or feeling safe here due to what I put in my last thread. We were married when property was purchased & both names are on the mortgage. The result I want / need is for the house to be repossessed. I think people should know on here that my ex husband has & is refusing to reveal where he's living & also refusing to sign any legal paper work what so ever.
The total of arrears on the mortgage is £2,209.08 as off the 19th May. Total outstanding on the mortgage is £45,875.49 which includes £334.00 payable for solicitors fees & admin charges. There's a secured loan tied to the property too with the same company but different department. I'm not sure what the value of the property is but at a guess around about £70,000.

[seduraed]

Re: Repossession

If possible I would try to hold off from repossession and see if you can select the property. It will fetch more money that way and might actually leave you a little. Kensington mortgages will ramp up charges and easy an leave you owing money after the sale. Try to move as soon as possible. Can you afford the mortgage at all . Ithe might be possible to get the area's roles up into the mortgage and paid over the if of the loan .

[Su_lowe43]

Re: Repossession

Sorry I don't understand what you mean when you say " See if I can select the property? & also try to move as soon as possible? Could you please explain? & No I can't afford the mortgage at all.

[ostell]

Re: Repossession

Sounds like autocorrect again! I think it meant to say "Sell"

[Su_lowe43]

Re: Repossession

I can't sell the property as I would require my ex husbands signature to sell & as I said earlier in earlier thread my ex husband is & will refuse to sign anything.
It's irrelevant whether I can afford the mortgage or not. What is relevant is mine & my children's safety, well being & peace off mind. If I'm not safe my children are not safe. & repossession seems to be the only way out for us.

[Crazy council]

Re: Repossession

Hi @Su-lowe43

Some of the questions were just so people understand what you want to end up with, if you wanted to keep the property, appose to wanting to make sure you get as much out of any sale as possible. Its 2 different ways to fight it.
I think you can deal with and/or force the sale, and its the best way to do it becuase of the costs involved in someone else doing it ( repo ). Give it a few more days for some of the posters more familiar with that type of situation to add to the advice.

[Diana M]

Re: Repossession

I'm due in court for repossession of my house in just over a week's time. I received today a letter from the mortgage company solicitors stating they enclose a copy of their letter to the county court, requesting this matter be adjourned. The letter that they've sent to the court states that they have been instructed by the claimant to adjourn the hearing to allow the matter to be investigated further and would be grateful if the matter could be adjourned generally with liberty to restore. We trust the court will excuse our attendance at the hearing to avoid costs. We confirm that we have today sent a copy of this letter to the defendants and look forward to receiving the usual notification that the matter has been adjourned."
I don't understand what this means? I don't understand why they want an adjournment.

I'll explain what it means

From what you've said the court has listed a hearing for next Monday 5th June. Only the court can change that.

The Claimant (Kensington Mortgages) has written to the court asking them to adjourn the hearing while they "investigate" (whatever that means). That decision (to adjourn or not) is up to the judge not the Claimant.

If you don't want to adjourn then go to the hearing and tell that to the judge giving him your reasons. If you don't want to defend the claim that is your choice. Whether that's wise or not is a different matter.

It's not clear whether Kensington have sent a letter (as you have said) or made a formal application, but either way the DJ (judge) will make a decision.

Perhaps you need formal legal advice on your options so you can make an informed decision because once the property has been repossessed there's no going back (unless you appeal the decision which may be tricky if you've consented to the repossession).

One possible suggestion is to ask the DJ to adjourn the hearing for a specific period of time (say 2 weeks) to allow you to get formal legal advice and legal representation at the next hearing. If you've suffered domestic abuse you may be able to get Legal Aid to deal with that issue which is linked to this issue (repossession).

The Claimant has asked the court to adjourn 'generally with liberty to restore'. That means the case will be taken out of the list indefinitely but they retain the right to go back to court when they feel like it. You seem to want closure and to regain some control over your life so you might not want that open-endedness. On the other hand they may be doing you a favour so that's why I say take legal advice.

I completely understand your reasons for wanting rid of the house. You are putting your and your children's welfare first. I would do the same. You don't feel safe living in a property where your abusive ex might turn up and cause you more grief.

I wonder if there's anything else which could be done to protect you. Family law is not my area but I strongly suggest to get some advice on non molestation orders etc. There are some lawyers volunteering on this forum who may be able to point you in the right direction and maybe @Kati could tag one of them for you.

The only question I have is where will you and your children live once the house has been repossessed (if that happens)? If the DJ makes a Suspended Possession Order (which means it's repossessed in theory but no eviction allowed unless the SPO is breached) you can approach the Local Authority for rehousing etc.

I don't know if you're in work or in receipt of benefits but there are potential ways to have the mortgage interest paid which you may be able to explore before making a final decision on what to say to the court on Monday.

Believe it or not judges are human beings like the rest of us. They also don't like making families homeless, so tell him/her the full story.

There's no knowing why the Claimant wants an adjournment and since they've already said they're not showing up at the hearing you won't know the reason. But you do know you didn't ask them to change their mind about the repossession so it's up to the DJ on the day.

I hope it goes well and you get the help you need to move on with your life

Di x

[Kati]

Re: Repossession

tagging @Peridot [MENTION=85502]HannahM[/MENTION] @Celestine ... any ideas??

[Su_lowe43]

Re: Repossession

Hi Di,
Thank you for your response that I only saw today. I can't afford a solicitor as I'm on benefits. I lost my legal aid due to my case being nfa'd. Even tho it's been nfa'd it still happened but I now have no proof of Dv, therefore I can't get a non molestation order or any other court order for lack off evidence. I do want closure & control back over my own life. I've been informed by other advice I received that My local authority will have to help me as I have children but only if I there's a court order? Is that correct?
Sue x

[Diana M]

Re: Repossession

Hi Di,
Thank you for your response that I only saw today. I can't afford a solicitor as I'm on benefits. I lost my legal aid due to my case being nfa'd. Even tho it's been nfa'd it still happened but I now have no proof of Dv, therefore I can't get a non molestation order or any other court order for lack off evidence. I do want closure & control back over my own life. I've been informed by other advice I received that My local authority will have to help me as I have children but only if I there's a court order? Is that correct?
Sue x

What happened at today's repossession hearing?

If you call Shelter's helpline they'll be able to tell you the next steps you can take to get you and your children rehoused.

Their number is 0808 800 4444. They're open from 8 am until 8 pm and the number is free to call.

Di x

[Su_lowe43]

Re: Repossession

The Dj adjourned it cuz that's what Kensington wanted. I rang them to find out why it was adjourned & they told me " that they've found my ex husband & because he wasn't notified / served as the same time as me it had to be adjourned & re done but they wouldn't tell me where he was or what he's said or when it will be re done. I was planning on emailing you tomorrow for some legal advice being as you can't give it on here.
Sue x