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Legal matters

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Original poster

Mum friend about to be made homeless

22 replies

Mochatatts · 01/08/2023 14:21

I'm hoping someone has some suggestions.
My friend is going to loose her home, ex and the mortgage and lots of drama. She has 3 boys at home with her. Eldest due to start college in Sept, youngest at primary. Council have said they'll put her in a hostel, but that could be anywhere, which is causing extra stress as the oldest son has ASD.
Has anyone any ideas of things she could do, advice she could be getting to help? Thank you all x

OP posts:

Bromptotoo · 01/08/2023 14:35

What is the situation/timescale with the house?

Is the lender seeking to take it and sell?

Original poster

Mochatatts · 01/08/2023 14:44

So the bank are set to repossess in Jan. The mortgage is joint with her ex. It was a council house which he convinced her to buy to use then to start his own business. Then he left her and isn't making any financial contribution at all. The 3 boys are his too.

OP posts:

LIZS · 01/08/2023 14:46

Has she tried to sell ahead of repossession?

heartofglass23 · 01/08/2023 14:54

She needs to go to the citizens advice bureau asap.

They can negotiate with the bank for her.

She needs to know what all her rights are.

Is she claiming everything she can? Is she making any mortgage payments at all?

littleblackno · 01/08/2023 14:55

Has she spokent to Shelter? I have no expert knowledge but they may be able to support to stop/ delay the repossession.

Original poster

Mochatatts · 01/08/2023 14:57

He won't let her sell or sign it over or make payments. She can't afford to keep paying the mortgage. She's only working part time as she's no childcare and benefits won't help with the mortgage.

OP posts:

RoseBucket · 01/08/2023 14:57

How far into the process is it. A new scheme has been launched today called ‘reach out’ to assist mortgage holders.

RoseBucket · 01/08/2023 14:58

He won’t let her, I can’t see how that is possible, has she spoken with shelter or citizens advice.

cestlavielife · 01/08/2023 15:05

Married ? Go thru divorce
Unmarried? Court can order a sale
Is she a joint owner?
She does not need his permission
She needs housing which it seems council say will provide albeit temp basis

And legal advice on next steps

Original poster

Mochatatts · 01/08/2023 15:08

Not married. Been to citizens advice, got a list of solicitors. None are taking on legal aid cases due to the housing crisis. Have suggested approaching shelter.

OP posts:

Original poster

Mochatatts · 01/08/2023 15:10

She tried Shelter, they won't intervene until the repossession is issued. She's trying to save her home or find an alternative but no one seems able to help to be proactive. It seems all reactive.

OP posts:

TheFormidableMrsC · 01/08/2023 19:40

That's wrong that she can't get help with mortgage. She can apply for Support for Mortgage Interest which will pay a portion of the interest, it is a loan though so will mean a charge on the property. It's a pity she didn't know about this. There are also processes in place now for people who are struggling with mortgages. She needs some professional advice, Stepchange or CAB at least.

Original poster

Mochatatts · 01/08/2023 23:02

The issue is she's coming out of a fixed rate mortgage and her ex won't sign to go onto another mortgage that she could afford so her mortgage will go up by £450 a month which she can't afford.

OP posts:

TheFormidableMrsC · 02/08/2023 00:39

Mochatatts · 01/08/2023 23:02

The issue is she's coming out of a fixed rate mortgage and her ex won't sign to go onto another mortgage that she could afford so her mortgage will go up by £450 a month which she can't afford.

She needs to speak with the lender, preferably with assistance from CAB, Shelter, Stepchange. Also see my previous post about applying for SMI. Ultimately it may be better for the house to be sold as this sounds like a nightmare situation.

heartofglass23 · 02/08/2023 01:29

Can eldest baby sit so she can work full time and get a mortgage on her own?

She needs to prioritise paying the mortgage over all other bills/debts. Having defaults will only make things worse in the long run.

Is she on the main council list atm?

If eldest moved out could she afford a smaller place?

Can she relocate somewhere cheaper?

A £450 increases suggests a very high mortgage.

Repossession is a long way off. Banks are a lot easier to negotiate with than landlords.

Original poster

Mochatatts · 02/08/2023 02:01

She has spoken to the lender. They have said she needs her ex to sign everything apart from a repossession. The council has said that if she gives up the house voluntarily without accruing arrears and ruining her credit, she won't be housed as she'll be seen as making herself homeless. She has spoken to CAB and various charities. No one can support until the repossession ordered is issued. As things stand, she has a job, a good credit rating, and the mortgage is up to date. She can't afford the mortgage on her own income. Her job is minimum wage. Her eldest already babysits, so if he moved out, it wouldn't help. Also, he's going to college and can't afford to live independently. She doesn't live in a big house as it is. She's on the council list, but I know from personal experience that wait can be years. I suspected there wasn't much else she could do but hoped there might be something she had missed. Seems she's screwed 😕

OP posts:

cestlavielife · 02/08/2023 10:58

Can she take in a lodger?

vivainsomnia · 02/08/2023 11:20

If the youngest is primary age, there has to be childcare arrangement for after school and she could claim UC for help with costs.

She has no excuse not to look for FT work especially if that means she could continue to pay the mortgage until she can try to get a better deal.

Surely that should be her priority.

Original poster

Mochatatts · 02/08/2023 14:03

Thank you for the many responses. It is much appreciated.

OP posts:

littleblackno · 04/08/2023 09:35

A £450 increase does not suggest a big mortgage. I have a small mortgage and it has increased by almost £400 with the interest rate rises.

It sounds as though she is doing all she can.

parietal · 04/08/2023 09:47

seems like the big problem is the ex refusing to sign paperwork.

In terms of the value of the property, what % is owned by Ex / Owned by her / owed as mortgage?

I suspect she needs to get a court order to force him to sell. if he really doesn't want to sell, that might push him to sign paperwork for a better mortgage.

Unicorn2022 · 04/08/2023 10:00

Can she ask the lender to extend the term of the mortgage for the maximum length possible to reduce the monthly payments. Or ask them to switch the mortgage to interest only. Neither of those things should need him to sign off on them.

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