Urgent: Eviction Notice set for 8th August 2012

[sharks911]

I have submitted 2 N244 forms to county court in the past 2 weeks, the second was based on having a regular job with a contract of employment with and offer of £2240 for arrears, plus £100 extra per month.

The judge has decided in favour of the mortgage lender, GMAC RFC, now called Paratus AMC, twice.
The decision against me based on my
1. Bad previous payment history
2. Large size of arrears £17000
3. To some degree the medical evidence of depression and anxiety went against me.

I have an eviction date of 8^th August 2012.

My question is can I submit another N244 requesting time to put the property on the market myself, and can provide multiple agency contracts to substantiate my intention to sell? And request the eviction be delayed.

At auction it may only sell for 170K, whereas the valuation’s I have are more round 240K and expect to achieve a sale at £220K, which would cover all the costs and leave me a few thousand.

At wits end, feeling very alone with this, any help or advice would be appreciated.
Regards to all

[Sapphire]

Re: Urgent: Eviction Notice set for 8th August 2012

Hi Sharks, I can't help you with this hun, I am bumping it up so that hopefully someone will be able to give you some advice, but in the meantime I think you may be wise to get to see a solicitor asap, most give around 45 mins free consultation, its worth a try hun.

[Gmacparatuscrooks]

Re: Urgent: Eviction Notice set for 8th August 2012

Hi there ,

Very sorry to read about your situation.

Paratus can be a terrible company to deal with. Check out our blog http://gmacparatuscrooks.blogspot.co.uk .

Have you tried contacting Shelter? http://england.shelter.org.uk/get_advice/repossession

They may be in a position to help and offer advice (free) as to what you can do. Good Luck.

[wales01man]

Re: Urgent: Eviction Notice set for 8th August 2012

Sorry in advance for this but,When we we to go to court to be evicted i went to a shelter advisor first she was a stuck up bitch who looked down her nose at me then all she had to say was you owe the money pay the arrears or lose the house i went awy throughly peed of when we phoned her near to court date she offered no advice just said on day of case shelter may have an advisor there there was he was fine but offered no real help just advice on what to say hope you get someone who cares .Still best of luck

[mercury-the-messenger]

Re: Urgent: Eviction Notice set for 8th August 2012

whilst you are waiting

and we bump the thread

google the 3 words time order mortgage

[Nikolai]

Re: Urgent: Eviction Notice set for 8th August 2012

I agree with Sapphire - get some free advice, most high street solicitors are willing to give up to 45minutes free (it varies so do ask). There's nothing to stop you from issuing another N244 (an "Application Notice"). It would help you if you had something new to tell the District Judge, by new I mean something more than you said last time you went to court. If there's new evidence, the DJ may suspend the eviction. Can you offer a bit more for example towards the arrears? Get estate agents and solicitors involved now, get the house on the market now, don't wait around. Your N244 should state you are applying for further possession/eviction action to be suspended pending sale of your house. Get estate agents and solicitors to write to court and to GMAC confirming they are instructed in the sale of your property. These letters can be produced to court as evidence that you're doing all you can. Agents and solicitors should be asked by you to agree no sale, no fee. The agents usually work this way, but not all solicitors do, so be upfront and explain your situation.
Above all take action - don't wait for things to happen, make them happen. You may not get what you want from the court, but that's no reason not to try!
Come back if anything's not clear.

[sharks911]

Re: Urgent: Eviction Notice set for 8th August 2012

Thank you all for your advice and responses.


I know if they repossess on the 8th of August 2012, there will inevitably be a shortfall, on their auction sale, and then I may be forced to go bankrupt.


As I have already been refused 2 N244, appeals based on the Norgan prinicipal with an Income and expenditure statement.


There is no option but to try to buy time to sell the property myself by appointing a solicitor and multiple estate agents.


Should I approach the lenders Paratus AMC and the second secured loan lender Swift Advances first?
OR
Do I submit these confirmations to the court on a new N244 on Wednesday, and ask for time to sell?


Is there a length of time which anyone can advise that is reasonable or normally given in these circumstances?


Any other advice anyone can give?


Thanks to all of you for your support

[sharks911]

Re: Urgent: Eviction Notice set for 8th August 2012

Thanks so much Nikolai, seems the only way to go. Thanks for the no sale, no fee advice.

[sharks911]

Re: Urgent: Eviction Notice set for 8th August 2012

Found a solictor quick today through https://www.co-operative.coop/legals...ncing-service/
Up front fees are only £37, which is a relief

[Nikolai]

Re: Urgent: Eviction Notice set for 8th August 2012

Don't approach your lenders first, get the house on the market and get your agents and solicitors to write letters to the court, which you then use to support your application. Use the wording I suggested to help you complete your N244 - it should state you are applying for further possession/eviction action to be suspended pending sale of your house. Attach copies of those letters to the N244 itself, so there's no way the court can say it's not received them.
The court sends a copy of your application to GMAC, so they'll know about it soon enough. Explain in the N244 that you'll achieve more for the house if you're allowed to sell it yourself, give your estimates of likely prices if you sell, and at auction. Ask your agents to put a realistic private sale price in the letter to the court. Stress that there'll be enough money to go round if you sell, but a shortfall if the lender sells after repossession. Ask the court in the N244 to suspend possession/eviction action for a period of 3 months to enable you to sell. It would help if your agents could state in their letter that it would be realistic to expect to find a buyer within this time. Also say in your application how much you can pay to the lender each month pending sale.
You have nothing to lose by trying - go for it!

[sharks911]

Re: Urgent: Eviction Notice set for 8th August 2012

Good news, I have accepted an offer of £225K, from the first viewing.
I hope to submit the a New N244 tomorrow.

My only concern is that the judge said I have "no leave to appeal" her past decision. I suppose and hope this would be a new application based on new facts and would have to be heard by the judge.
Is it worth me having my statement to the court notorised?
I'll base as much as possible on the advice of Nikolai.
Any other advice would be greatly appreciated.
Thanks to all.

[Sapphire]

Re: Urgent: Eviction Notice set for 8th August 2012

Good news re the offer, I think its worth giving the N244 a try, everything helps in my mind, although I would say to you to try to get all offers etc in writing from the estate agents, take copies and send them in with any paperwork your submitting, also if you do have to go back before the judge take all the paperwork in with you so you can show it again.

[sharks911]

Re: Urgent: Eviction Notice set for 8th August 2012

Hi Saphhire,
I am awaiting a signed copy from the estate agent proving that the offer has been made and that the buyers have a verified mortgage in place, with no chain.
Should arrive today.
Thanks for the support.

[Nikolai]

Re: Urgent: Eviction Notice set for 8th August 2012

These are very good grounds for a new application, as you have something NEW to tell the court. It's not an appeal, it's a new application, based on different facts, and as such is a perfectly proper course of action for you to take. Your estate agents letter can now refer to the property having been sold subject to contract, with no chain. Get your solicitors to write to GMAC and Swift for redemption figures, and to draw up and send a contract to the buyers solicitors. It's time to get the conveyancing process started asap. Solicitors could also write to the court to support your application, and in the letter explain the steps they are taking on your behalf. Don't forget to attach copies of all such letters to your N244. If you've already issued your N244, no problem, just have copies of the letters with you on the day, or better still send them to GMAC or their solicitors in advance of the hearing. Always have copies with you of your N244 and any supporting letters when you go into court. Good luck with it all. By the way, you don't have to have anything notarised. You'll find on the N244 itself a section for you to say what you want, and a statement of truth which you have to sign. As long as you sign this, no further evidence is required, just ensure you state what you are applying for clearly and refer to the letters which hopefully your agents and solicitors will provide.