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Original poster

We are being Evicted

64 replies

Desperatelystupid · 28/10/2005 08:53

Well as of 17th Novemeber DP, DC and I will all be homeless!
We have built up arrears on our mortgage and despite corresponding with the mortgage company, yesterday the County court issued us with an eviction notice.

I don't really know why I am posting this, I don't expect anyone to either want or be able to help me.

Our house is currently up for sale. We decided we needed to move, pay back what was owed and rent for a while. I wrote to the mortgage comapny 2 weeks ago advising this, apologising profously and begging that they please bear with us, as although it is late we are now trying to do what is best and want to give them their money ASAP.
I rang the mortgage company yesterday and apartently the only ways to stop the eviction going ahead are to put forward an amount to pay off of the arrears or if the contracts have exchanged on the house sale prior to the eviction date. Bearing in mind we have not had one viewing yet, the later isn't likely to happen. Therefore, DP and I decided we could offer to pay £5000 and ask them to bear with us whilst they house is being sold and we will ensure that all payments are made prior to the house being sold. I put this forward to the mortgage company (lady was lovely), who advised thatbecause we have £10K of arrears she doesn't think the offer of £5K would be accepted.
She suggested we think over the weekend and then call them back next week and see if we can come up with any more money to offer them.

I just don't know what else to do. I know we completely deserve it but I really am trying to resolve the problem now, all we want to do it give them their money and move on.
I just want to cry I cant believe we have been so stupid. We have got a young child and I feel like we have let them down sooooo badly.

OP posts:
busybusybee · 28/10/2005 09:01

Desperatelystupid - Hi Im sure people will want to help you - I would love to but i have no idea how!

groat · 28/10/2005 09:01

r u sure it is an eviction notice? Normally if you have a young child the courts will favour you and give you time to pay especially if you are offering 50% of the arrears. Prior to the eviction date you can go back to court and ask for a stay of eviction. This should give you more time to sell house or get money together to repay arrears. Can you pay £5000 plus an additional amount per month?

Miaou · 28/10/2005 09:01

Ds, I am so sad for you. Is there no way you can borrow the money, eg loan, relative? If as you say you are going to go ahead and sell then it would only be for a short time.

I know how you feel, we had our home repossessed (though we had already moved, had a tenant in who refused to pay rent), it was awful though.

Original poster
Desperatelystupid · 28/10/2005 09:19

Thank you for replying. Just knowing that you have read my message makes me feel slightly better.

busybusybee, Thank you. It's nice to know that not everyone will judge and if they could they would like to help.

Groat, Is definitely an eviction notice. Although it does say in the small print (which is where I found out about offering to pay some of the arrears) that we can apply for an extension on the eviction date by getting an application from the court. It says that purely saying that we don't have alternative housing arrangements is not suitable. Do you think me explaining that the house is up for sale, we are willing to take the first reasonable offer we get and that we have an under 2 year old child. Do you think this would be a good enough reason for them to extend it?
We can pay back the £5K out of an inheritance I am receiving, which we then plan to replace with the money from the house sale. Although it is going to be extremely hard I will ensure we meet all mortgage payment prior to the sale going through.

Miaou, it's nice to know someone understands how we are feeling. I have applied for a few fast track loans with bad credit companies, however, because of the arrears on the mortgage I think most of these will be rejected.

OP posts:
aloha · 28/10/2005 09:24

Have you had any legal advice? Have you been to the Citizen's Advice Bureau? If not, I strongly suggest you do so now.
Also re the house, reduce (slash) the price, get it on with several agents - pick the most pushy aggressive ones with the biggest and most applicable client base - ie if your house is a small terraced family house, don't choose an agent that specialises in large detatched homes, or one that specialises in starter flats. Get it looking fantastic - declutter and clean like mad. Even if you reduce your price quite drastically you will still get more for it than you would if you let the building society sell it and you will stay in control.
Do you have the inheritance money now? How much is it?

Marina · 28/10/2005 09:27

I think having a dependent small child would qualify as a significant factor, ds. I am so sorry you are facing this worry and heartache. Does your local council have a Debt Advisory Service? Have you tried the Citizens' Advice Bureau?
I think the huge majority of Mumsnetters will feel that this can very easily happen to any of us these days (small children, income takes a bashing because of mat leave) and not judge you at all.

Marina · 28/10/2005 09:27

Snap re CAB aloha

Original poster
Desperatelystupid · 28/10/2005 09:28

Aloha, I don't have the inheritance money as yet but I will be finding out today when i will get it. It is £5000, which is why that is all we can afford to offer the mortgage company atm.

I haven't been to Citizens Advice no. Do I need to make an appointment to see someone there?
The house is up for sale but has only been on the market for 4 days. We can afford to slash the price as we put a £30K deposit down so we are able to accept a smaller offer and it come out of the deposit money.

OP posts:
Original poster
Desperatelystupid · 28/10/2005 09:29

Thank you Marina. It is nice to know.

I will ring the court straight away and see if we can get an application to extend the eviction date. Although, i would've thought it was up to the Mortgage Company ? Maybe not.

OP posts:
foxinsocks · 28/10/2005 09:32

are you in England? Here's the Shelter help page - I believe they are very good and they have advice lines for you to call.

aloha · 28/10/2005 09:32

Look up Citizens Advice Bureau in your local telephone directory NOW and call them.
It's not all up to the mortgage company, no. Courts are not a branch of the Abbey National!
Stop panicking and start calling the CAB and getting your house immaculate.
How many estate agents did you get to value the house? What was the top and bottom valuation? Are you 100% certain you have the best, most aggressive agent?

expatinscotland · 28/10/2005 09:33

Good luck, DS!

foxinsocks · 28/10/2005 09:36

the Shelter line is 0808 800 4444

they should have your local CAB number for you (and hopefully any other advice you need)

Original poster
Desperatelystupid · 28/10/2005 09:45

Thanks FIS.

Aloha, Will call them now. I just thought that if the mortgage company were'nt happy to extend the notice period then the courts would have to go by what they said as it's the mortgage comapny they are acting for. We have 3 valuations, all were between £185K and £195K, therefore we have put it on at £190K. We have gone with a new agent in town, they are doing loads of business, sold signs everywhere you look. Plus it is a friend of mine and he is doing us a deal on rates etc. I will be chasing him this afternoon as our local paper came out yesterday so they should've had some calls.

Thanks Expat!

OP posts:
aloha · 28/10/2005 09:46

The courts don't act for anyone. The law is totally independent. They act for the law and for justice.

Original poster
Desperatelystupid · 28/10/2005 09:53

Thanks. I have just email my local council's housing department to find out where i stand. Am waiting to ring CAB on my break as I am at work.

OP posts:
Original poster
Desperatelystupid · 28/10/2005 10:04

Does anyone know what the hidden points are with companies like these ?

OP posts:
Original poster
Desperatelystupid · 28/10/2005 10:05

It offers a rent back option?

OP posts:
LadySherlockofLGJ · 28/10/2005 10:07

I haven't got time to read it thoroughly, but if it looks too good to be true, then it is.

Freckle · 28/10/2005 10:11

Do apply to the court for an extension. Did you not attend the original hearing and put forward your offer to pay?

If you can show the court that you can meet the normal monthly repayments and offer a reasonable amount to discharge the arrears (used to be quite high but the courts have been known to accept payment offers which would clear the arrears by the end of the term of the mortgage), plus offer evidence that you are genuinely seeking to sell the house to discharge the mortgage in full, it is unlikely that they will insist the eviction goes ahead.

When is the eviction set for?

Good luck. I'm sure you'll be able to stave things off long enough to sell the house.

foxinsocks · 28/10/2005 10:16

well the obvious downside is that they will offer you a price that will be less than it's market value (they say typically 75-90% of the trade value).

Original poster
Desperatelystupid · 28/10/2005 10:17

Thanks Freckle and LGJ.

The orignal hearing was booked for 5th September and we got the letter advising this on the 5th September.

I will apply to the court. i'm just seeing if i can get the form from the internet or if i have to colect one from the court itself. The house is on the market, we have a contract with the agent and a For Sale sign outside so that should be prove enough?

It is set for 17th Novemeber which is why I am dealing with it straight away. I usualy bury my head in the sand with these things but am determined to get this sorted.
I feel like such a failure and bad mum, how could i put my small child in this position

OP posts:
Original poster
Desperatelystupid · 28/10/2005 10:18

Tbh Freckle as long as it covers what we owe the mortgage company I don't care if we walk away with no gain from it. After all, it is what we deserve. Obviously I would like to keep the £30K we made previously but if we can't, we can't!

OP posts:
Original poster
Desperatelystupid · 28/10/2005 10:18

Sorry, FoxinSocks!

OP posts:
Freckle · 28/10/2005 10:21

It is far better for you to sell the house and realise its market value. If the mortgage company repossesses, they will sell for whatever they can get to cover the mortgage. If there is a shortfall, you will still be liable for that.

What is owed on the mortgage in total?