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(4 Posts)
Pumpkinpie11 Thu 20-Nov-14 00:24:02

I'm wondering if anyone here can offer any advise because I feel like I'm stuck between a rock and a hard place. For 2 years now I have had the constant worry that I may at any time lose my home of 12 years where I live with 6 of my children.
I separated from DH 2 years ago.
He doesn't pay the mortgage or maintenance and I am on income support due to my DD being disabled.
The DWP are unable to cover all the interest as part of it was an additional loan.
Divorce judge stated mortgage should be transferred into my name however bank refuse as account is with their solicitors due to arrears.
I was paying as much as I could £300 PCM but obviously this + the DWP payments was not covering the monthly cost or touching the arrears.
I have asked for the mortgage to be interest only or have term extended but the bank won 't do it because it's with the solicitors and they can 't do it.
Last week I told them I'm not paying another penny unless I can discuss the case with somebody in a position to help me sort this out.
I want to pay whatever I can, sort things out and keep the house but nobody will discuss it with me.
I genuinely believe the only place this can be discussed is in a courtroom so a judge can see what I'm trying to do so the solicitors have now started proceedings. I should add that if they agreed to change the mortgage into my name like the court order says they should I then have a third option of a local housing association buying the property to rent back to me as it has been adapted for my DD.
Any advice would be welcome x

LegoCaltrops Thu 20-Nov-14 00:46:40

Firstly, have you had any financial / debt advice? Start with the CAB or a free, government advice line, there are a number on the web which you don't have to pay for, please don't use a paid service, you really don't need to. I've put one site above, there are a number of suggestions on here & various links & names of other organisations & debt advice charities etc on there.

It doesn't seem a great idea to refuse to pay the mortgage until they cooperate - they don't actually care & you're just increasing the arrears more quickly. Better to keep in touch with them & show you're trying to sort things out.

If they are refusing to comply with any terms of the mortgage, or conditions laid down by the court, complain to the court or put a formal complaint in to the mortgage company. Use the words "Formal Complaint". You can do this verbally or in writing. Be clear about exactly what you are complaining about, they have to take it seriously, investigate & do their best to resolve your concerns.

I presume you've chased up maintenance from your XP - does he know what is likely to happen if he continues not paying, that his DD will lose her home that's been adapted for her?

Suggest you contact the council/housing office also, depending how far down the line you are re: possible repossession, to look into alternative accommodation.

Spickle Thu 20-Nov-14 10:04:02

I second getting advice from the CAB. They can work out all your income and expenditure and produce a proposal for payment for all your creditors. They will also list all your creditors in priority order. The payments agreed by CAB are often accepted by the banks/mortgage company as acknowledgement that you are doing your best to pay your debts and the payments suggested by the CAB are often very little in comparison to the debt, but it shows your willingness to address the situation.

Whatever you decide to do though, do not hand your keys back!

Unescorted Sun 23-Nov-14 06:48:42

For your third option this is the link to the eligability criteria It is a very limited pot of money (in fact I thought it had closed to new applicants). Let me know if you have questions - it is written in govtspeak so the comma placement is all! You can also approach the housing associations direct to see if they are taking on properties.

If your house was once a HA property they may do a Right to Buy Back. Unfortunately because you are in the property there are limited funds avaliable to facilitate this and they may not take it on. If you wish PM me and I can check if it ever was a HA property and get you a list of actively developing HA in your area.

Best of luck - I know it is a very stressful situation.

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