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court date for repossession home help

12 replies

potnoodlelfc · 10/08/2023 00:30

i have a court hearing in a week, and it is for my mothers property. she will not be able to attend court as her son am i able to attend? or can i request another hearing date.

I have just received an offer today to buy the property and need some time for the property to be sold.

can i send the court the paperwork and her defence and explain that i need more time.

she had a prebooked ticket from months ago and could not rearrange the court papers were sent around six weeks before her flight.

OP posts:
fridaynight1 · 10/08/2023 00:47

What flight?

She needs to sort this. Not you, it's not your property.

AutumnCrow · 10/08/2023 00:54

Absolutely get some paperwork in, in response, and in it make an offer to pay or an offer to negotiate. And the most important thing is: turn up to court.

Turn up in court as your mother's representative. Make sure the judge (probably a district judge) has seen your response paperwork. (Take copies with you.)

WimbledonPimms · 10/08/2023 00:55

www.gov.uk/repossession/the-hearing#:~:text=Repossession%20hearings%20normally%20take%20place,the%20right%20to%20evict%20you.

She needs to attend. Does she not live in the property? Where's she flying to/from?

potnoodlelfc · 10/08/2023 01:17

forgot to mention she has gone abroad at the end of last month, she is a pensioner and i normally deal with all her finances.

mortgage term ended and needed time to find a buyer but has proven difficult due to sell (tall block no fires safety corticates).

now have found a buyer, need a a few weeks breathing space to sell.

OP posts:
potnoodlelfc · 10/08/2023 01:23

Sorry I meant tall block External Wall System Fire Review certificate, hence difficulty in selling it.

I will write to the court, submit proof that I am trying to sell it, and somehow a letter from the buyer or mortgage broker that there is a attempt to purchase the property.

hopefully that will give her some time to sell it.

she has to go abroad on an emergency and I received the paperwork from the court while she was away.

she is frankly too scared to go to court she is 74 yrs old,

OP posts:
DinoRoar14 · 10/08/2023 01:55

potnoodlelfc · 10/08/2023 01:23

Sorry I meant tall block External Wall System Fire Review certificate, hence difficulty in selling it.

I will write to the court, submit proof that I am trying to sell it, and somehow a letter from the buyer or mortgage broker that there is a attempt to purchase the property.

hopefully that will give her some time to sell it.

she has to go abroad on an emergency and I received the paperwork from the court while she was away.

she is frankly too scared to go to court she is 74 yrs old,

So why didn't she just pay the mortgage?

This doesn't happen overnight. This takes months. Maybe longer.

And then there's you? Who's apparently in charge of her finances? How has this happened?

Cailleachian · 10/08/2023 02:08

This all seems rather odd.

If it was an emergency, why did she have prebooked tickets?
Why can she not fly home to attend court?
Why are you trying to sell the house that she owns?

If she is capable of travelling abroad surely she is capable of managing her own finances.

chergar · 10/08/2023 02:49

I take it your mum had an interest only mortgage and the term has now finished and she is due to repay the balance so using the house sale to fund this?
You can go to the court as your mothers representative, although you might be best seeking legal advice and have a solicitor attend the court.
Submit all evidence of the impending house sale and explain you need more time to pay, if the court is sympathetic and this is the first hearing they may give you a continuance to allow the sale to go through.

Overthebow · 10/08/2023 02:57

Shes 74 she’s not elderly. Can’t she fly back to sort this?

PragmaticWench · 10/08/2023 03:11

Do you have Power of Attorney for your DM's financial affairs? If you apply to the court, or end up needing to attend on her behalf, it might be worth having your forms available to show the court.

drpet49 · 10/08/2023 20:02

DinoRoar14 · 10/08/2023 01:55

So why didn't she just pay the mortgage?

This doesn't happen overnight. This takes months. Maybe longer.

And then there's you? Who's apparently in charge of her finances? How has this happened?

This. Something fishy about all of this.

BaronessEllarawrosaurus · 10/08/2023 20:09

drpet49 · 10/08/2023 20:02

This. Something fishy about all of this.

Interest free mortgage and it's come to the end.

Ideally the property needed selling prior to the end of the mortgage so the money was there to pay off the mortgage. How long do you need to complete the sale and is the solicitor keeping the mortgage company in the loop?

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