Repossession

[Diana M]

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

Okay.

I look forward to hearing from you.

Di

[Su_lowe43]

Re: Repossession

Hi Di,
I've sent you an email this morning, could you please let me know if you have received it?
Thank you
Sue x

[Diana M]

Re: Repossession

Hi Di,
I've sent you an email this morning, could you please let me know if you have received it?
Thank you
Sue x

Yes I have received it and I have replied.

Di

[Su_lowe43]

Re: Repossession

Hi Di,
I'm just wondering if you received my second email I sent you yesterday? Please can you confirm you received it?
Thanks Sue x

[Peridot]

Re: Repossession

Hi Su-lowe43,
Sorry I've been away so wasn't able to respond to your post. You really need some assistance with your situation. I know Di has give you Shelter's link. Here is the link to Refuge helpful numbers:- http://www.refuge.org.uk/links-and-useful-numbers/
Have you never reported the DV? I don't understand what you mean by you no longer have the evidence. What do you mean by NFA'd?
Are you planning on divorcing? Have you sought advice on this and how the property could be dealt with?
Repossession may not be the best option as this will effect your ability to get mortgages, loans etc in the future. I appreciate that is the least of your concern at this point in time, but that may not be the case in the future.
Please ensure that you get some specialist advice on this situation and the available options you have. There are options, please don't give up.
You should be able to at least get a free 1/2 hour of advice to enable you to consider your options. Try on the LBCompare site for a local law firm that offers free or reduced fee first appointments.
Get all the facts down on paper in a list, including details of what abuse has occurred and dates together with the details of default with mortgage etc to take with you so you don't waste your appointment time. Or go to CAB and see if they can assist you further. You will have to wait to see an advisor as the service is stretched but if you have no way of seeing anyone else it will be worth it.

[Su_lowe43]

Re: Repossession

Hi Peridot,
Thank you for responding. That's ok. I know I really need some assistance with my situation. The only assistance I seem to be getting at the moment is from Di on here. I'm waiting to hear back of Di of forum. Yes I finally plucked up the courage to report it in April 2016. What I mean by Nfa'd is No further action to be done cuz off lack off evidence, basically it's my word against his. (Felt / Feels like they didn't / don't believe me)! Police made that decision. I'm already divorced on the grounds of Irrsponsible behaviour. Yes I sought advice on this & at the time & still is refusing to reveal where he's living & signing any paperwork what so ever. At times I do feel like giving up everywhere I've been I'm hitting a brick wall so to speak. I lost the solicitor I had because I lost my legal aid & couldn't / can't afford to carry on.
Sue

[Peridot]

Re: Repossession

I'm sorry, the system doesn't always work for everyone. Was the Legal Aid certificate for a non mol order then?
I doubt you'd get LA to sort the finances of the marriage out as you own the property, but you do need to sort the finances out so you can get away from this situation.
It is worth speaking to a selection of solicitors and explain the situation there may be some way of 'funding' the financial part of the divorce whereby the solicitor would get paid but it wouldn't happen until the property was sold? Have you ever tried to sort the finances?
Is the house your only asset between you?
Sorry so many questions and no answers at the moment. It is all so time consuming and frustrating when your ex won't co-operate and add DV into the mix too, it really is draining.
Have you explored any other housing options? Can anyone lend you deposit money or can you stay somewhere if the house is sold? Have you changed the locks? I appreciate your ex still owns half the property and is entitled to be there as much as you but for your peace of mind it may be worth thinking about it, if you are unable to move right now.
Does your ex work? Could he buy you out? I am very much talking off the top of my head now.
Please get some free legal advice so that you can make a decision how to move forward with things. We're here if you need to bounce ideas or need a bit of guidance but this isn't something we can finalise on the forum.
If they have located your ex maybe the property issue will be dealt with now and a sale could be pushed for?
We're here if you need support.

[Su_lowe43]

Re: Repossession

Me too. The only way I could of got the legal aid is with a non mol order which would have proven DA but because he hadn't / hasn't done anything for a while it wasn't granted. The house is the only asset between the 2 off us. I have explored & thought about other housing options such as private rent which would require a deposit, fees, guarantor, housing benefit etc, which I haven't got or have. Yes I have changed the locks. The mortgage company found him & because of data protection they won't tell me where he is. Yes he works & probably can't / won't buy me out. If the house could be sold would have to spend quite a lot off money on it to make it sellable at market value to get any equity, as the house in somewhat of disrepair. I have nowhere else to go. I don't think there is anybody that could lend me that amount off money for deposit etc either. As I explained to Di it's not just about that he might turn up & cause me grief it's also because I'm living in the house that it all happened in which is a full on constant reminder, I'm not going to get any better while I'm still living in this house. I don't feel safe here & never will now. I have been diagnosed with Anxiety & depression because off all this. I'm never going to get away from this situation living in the house it all happened in. The repossession is going ahead unless the it can be stopped. The mortgage company are asking for the house & money too.

[Peridot]

Re: Repossession

It is a horrible situation for you. It sounds like you've made your mind up that repossession is the best option?
There is obviously no point in the mortgage Co. pursuing you for any short fall (although they could your ex). It may be worth getting an estate agent round just to see what the likely market value would be in the state the property is in now.
Try and find a free first appointment law firm to point you in the right direction so at least you know what you may be able to do.

[Su_lowe43]

Re: Repossession

Yes it is a horrible situation for me. The mortgage company told me on Monday the repossession is still going ahead. Which gives me impression that my Ex has told them that he wants the repossession to go ahead. I don't know if it could be stopped, I can't afford the shortfall or the actual mortgage.

[Su_lowe43]

Re: Repossession

Hi Peridot,
I've had a chat with Di about my housing situation & she's very helpful. What I now need to know is I got my divorce without a financial settlement, can I get 1? Also when I move legally do I have to tell my Ex where I'm living?

[Peridot]

Re: Repossession

You can apply to deal with the finances now, but do need advice on it to protect your position. You can use form C8 to prevent your address being disclosed to anyone other that the Court. The form must be sent to the Court at the same time as applying for the finances to be dealt with. However you would have to give reasons why and the Court would have to agree. Where there are children involved this may be more difficult as generally it would be reasonable for a parent not living with their children to know where they are.
If you are able to prevent disclosure of your new address do be careful when any documents have to be disclosed, e.g. Bank statements etc, that your home address is removed before copies are sent to the other party.
Do go get some initial advice on what you will need to consider to move forward and deal with the outstanding issue of your finances and what options are available to you.

[Su_lowe43]

Re: Repossession

Hi,
I've spoken to shelter & they can't help me however some possible advice was given. Does anybody know if it's possible for me to sell my 50% back to the mortgage co?

[Peridot]

Re: Repossession

Hi Su_lowe43,
This may be of use:- https://www.gov.uk/repossession
and here:- http://england.shelter.org.uk/housin...ells_your_home
Once a repossession order has been made you can't sell your home
In particular this section is what you need to know:- 'You can't sell the property after the court has made a repossession order.
If you want to sell your home, contact your lender before you're taken to court. Ask for time to sell your home yourself.
You might be able to sell your home for a better price than your lender can.
You must get the lender's permission to sell if you are in negative equity.
If your lender refuses permission and you have a genuine prospect of selling the property, ask the court to give you time to do this. The courts may be willing to make an order allowing you time to sell the property yourself'. - from Shelter website

If you do not currently have a repossession order against you. You will have to ask the mortgage lender for permission to sell the property yourself.