Can a house be repossessed if the mortgage arrears are cleared?

[Torple]

I need some straightforward legal advice please, not judging or opinions.
We are currently on holiday in the Dordogne. Over dinner, DH was very quiet, asked why, turns out that before we left on Friday, he opened a letter from the bank saying they are going to evict us over mortgage arrears I didn’t know we had.
Long story short, I had a nervous breakdown five years ago and since then he has been paying the mortgage while I took a less stressful, p-t job.
I didn’t know we had missed. “a few” payments. He thinks 4, over the last three years when other bills have taken priority.

We now owe £2,200. The house is worth £220,000.

He booked this holiday as a surprise (it’s only camping, so cheap, but obviously not essential) but panicked when the last pay,net was due and paid that instead of the mortgage, because he’s clearly an idiot. That’s not the matter at hand, that’s for another thread.
He’s been keeping things from me so I don’t get stressed out but he’s run out of options.

I am now worried that we are going to come home to an eviction notice. There is already a possession order on it from years ago (part of what lead to my breakdown).

My questions are this:

If I somehow get that money together, will that be enough to stop eviction?
I think we could raise it if we sell his car quite easily.
If the debt was cleared, we”d be safe, wouldn’t we?

If not, I am now in a position where, starting September I am going full time at work. If I offer them £200 a month extra, then it would be clear within a year.
Is that something I could suggest or is it past that stage?

As you can imagine, I am absolutely floored by this but am trying to think of positive solutions while a long way from home.

As I say, please don’t give advice on my marriage, my priority is saving my home. Also, we have two kids, aged 5 and 10, if that makes any difference, and no money available from relatives etc, we would have to sort this on our own.

Thanks.

What an awful shock for you.

You could try posting in money matters too for advice.

I'm not at all an expert but my instinct is that if you were to phone the bank and talk to them it might help. It sounds like you have a plan which will mitigate the risk of you missing another payment.
And unless your house has shot up in value since you bought it, they will probably make more money from you making the payments than they will on a repossession.

My house was repossessed. The company I bought it from were able to get it for about 2/3 of the price it was bought for originally.
So the bank must have lost money.

Obviously don't be cocky about it.
And it might be difficult that there's already a possession order on it - how did that come about?

But I think it does sound very clear to me that you can see a way forward.

Is the mortgage in both your names? Call the bank first thing tomorrow, do it yourself work with them, ask what it will take to avoid repossession. Prepare yourself that the situation might be worse than your husband has admitted to. Your best hope
Is to take control of the situation and tackle it head on. Banks are sympathetic to people in your situation and if you can show
a plan to make some payments it may be salvageable. Good luck

www.citizensadvice.org.uk/debt-and-money/mortgage-problems/eviction-for-mortgage-arrears/

Some reason to hope further down in this article assuming you're in England

If there is already a possession order in force, the bank may have applied for a bailiffs warrant to enforce the possession order meaning you do not have much time to act.
As soon as you can contact the bank, and the court to check if there is a warrant. If there is a warrant and a bailiff's date you'll need to make an urgent application to the court for a stay or suspension of the warrant . You can normally go to court and fill out the form there and then, or call the court to make an urgent appointment to do so, which of course must be before the time and date of the bailiff appointment.

If the bank haven't yet applied for a warrant, you may be able to dissuade them from doing so.

Contact Bank immediately
Normally they will look for a payment plan that will clear the arrears over a set period
Sometimes that is over the term of the loan
Main concern is that they already have an order
Don't make an offer you can't stick to
Good luck

It’s not in the banks interest to take it from you so contact them ASAP

I would be going home immediately to sort it out in person. There should be way out if you have the money. There will probably be additional charges for admin/legal etc. though and your credit rating will be shot.

What a great time to deliver this news to you!

Op, I think uou need more detail. Has this been to court? Is the lender now going to court to evict you, or has that been done and the letter has given you the eviction date?

Op, whatever you guys do, the first thing you need to do is phone the bank immediately tomorrow morning as soon as they open. You also need to get home, unless he has the paper work with him?

Talk to the bank & sort out a repayment plan, they will do anything to avoid repossession, it doesn't matter if you are only paying a small amount back, just pay what you can afford. Discuss if there is a cheaper mortgage to move yours over to so that you can carry on paying the same amount to clear the arrears.