GMAC mortgage

[vickson]

Hi I figured it was time to post as I have been arond these forums a while but have been too shy to air my problem

 

Me and my sister took out a mortgage with Gmac 3 years ago, due to some unforeseen circumstances and just general bad luck with things we were unable to kep payments, now its just left to me to pay the mortgage, as I am only interested party in this (sister no longer lives in House) i shall use me instead of we.

 

anyway Gmac took me to court in March 2007 and because I wasnt aware of my rights was made to agree to 300 over the monthly payment which is 1009, this quickly became unaffordable and they went for Reposession managed to get help from counsellor on work EAP programme and got payments reduced to 100 above monthly payment,

 

Now as I am only one paying I have fallen short again and have just been on fone with Gmac they will not make any further arrangements and are going for Eviction, they say case will be reviewed on Thursday and need to pay 2800 by then, I have made a payment of 600 today. otherwise it will be passed on for eviction

 

Ok I understand my chances are fairly slim at getting a judge to suspend eviction again, but am deeply concerned and have not had any sleep for 3 months. I have managed to get a lodger into the property which will help me with mortgage payments and am trying to reduce my other debts, will be selling car in order to try and pay off arrears,

 

Can anyone help, I do not want to go through repossesion proceedings again,

Can I apply to the court to lower my payments for a bit whil I sort things out or do I hve to wait for the eviction notice and then do an N244

[Ell-enn]

Hi there, I am sorry to hear you are having so much worry with your mortgage payments. However, it appears that you are doing all you can to improve your income in order to make payments and therefore I think you have a good chance of getting the suspension further suspended.

 

My advice would be to write to GMAC explaining your circumstances and affixing an income and expenditure sheet showing how you arrive at the new amount you can afford to pay towards the arrears taking into account the income from your new lodger. Make sure you have the correct address and department to send it to and send tomorrow by guaranteed next day delivery so they get it on Thursday. They may consider your offer acceptable when they see it in writing and they will know that if you submit the same information to the court you would most likely get a further suspension.

 

If you haven't done an income and expenditure sheet before you can download one here National Debtline England & Wales | Personal Budget Sheet

 

If GMAC still go for possession, don't panic - we can help you submit an N244.

 

Have a read around this forum and you will see that many people have been helped to keep their home, a lot of whom have been in a much worse situation than yourself. Try to stay positive.

 

If you need any help with the I & E or the letter, please let me know.

 

Kind Regards

 

Ell-enn

[vickson]

Thanks Ellen,

 

I will do this first thing tomorrow.

 

Interested to find out from anyone else who has been to court with GMAC

[Ell-enn]

Hi, make sure you keep a copy of your letter and I & E form. Also, check the Royal Mail website a couple of days after you have sent the letter to check that it has been delivered and signed for, then print off the confirmation from the website and staple to your copy letter etc. You may need these in the future to prove you tried to come to an arrangement with them.

 

GMAC are a subprime lender and most district judges do not suffer them gladly as they are prone to going for possession very early in an arrears situation. Hopefully GMAC will accept your proposal but in the event that they go ahead with possession action, don't worry - we'll be able to put forward a good case for you.

 

Kind Regards

 

Ell-enn

[tonycee]

Hi vickson

 

Just wanted to add my support.

 

There is always hope.

 

Can i just add that you might want to ask GMAC if you can take a 3 month payment break, or go onto interest only payments for, say, 12 months, to enable you to sort out your finances.

 

 

Good luck.

[vickson]

Phoned GMAC again and they say they are not in a position to negotiate, so they are definitely going for the eviction, I may have to go to court again, God please help,

 

sent the letter anyway and will make the payments I had proposed to bring me back to the level of the court order, they do say they sent a letter dated 20th giving me 7 days to pay, I still havent received the letter, does that count,

 

also at first eviction hearing the judge ordered a review after 3 months, i went to court after the 3 months and GMAC didnt bother to show up, they had written a letter to say payments had been kept up so they werent persuing eviction at the time, SO the judge said he wasnt issuing any further orders, does this mean they can get an eviction without the hearing.

please help

[sillygirl1]

No, they have to have a hearing, but they may just persuade the court bailiff to issue a 6 week warrant - giving you 6 weeks to get out - in which case you can go to the court and fight, don't forget they are probably charging £50 debt fee, £25 non payment by direct debit fee and other fees. When you go back ask the Judge to freeze the charges as this is stopping the debt from reducing appropriately.

[Ell-enn]

Hi there, please try not to panic. Make the payments as you have said and we'll take it from there. It is very unlikely the judge will order possession if you have a regular income and can show you are making every effort to reduce the arrears by taking a lodger to boost your finances.

 

I know it's a very worrying time for you right now but you will get plenty of support on here and we should be able to put together a good defence for you. I've been involved in helping people in much worse situations than yourself, sometimes even on the day of eviction, and they have kept their homes - so it can be done.

 

Try to stay positive.

 

Kind Regards

 

Ell-enn

[Bona]

I fort GMAC for 6m years look at your mortgage account and see how much they have put on in penalty charges there will be a littigation and/or an arreas fee of £50.00 a month also other fees for non pyment by direct dbit you should be able to tell from your monthley statement if you cant ring them and ask them to send you a statement from inception.Im one that has had hearings against GMAC and they never evicted me so chin up look at these penalty charges as you will be able to use that against them

[vickson]

Bona I am interested to hear how one can use the charges against GMAC,

wont their lawyer just use the standard line ie these charges are included in terms and conditions etc.

 

if you could please explain how I can use these excessive charges in my favour at the hearing if there is one, remember I have had eviction stopped before and am on a suspended order.

[Bona]

I went to court many more times than you how much is the arreas and how much are the penalty charges

[vickson]

Hi Bona

 

arrears are 6400,00 the monthly payment is 1009, penalty charges are £ 50 for being in arrears and 30 if a direct debit is missed.

 

I havent heard anything from GMAC or their solicitors TLT yet, its been almost 3 weeks since I got the 7 day letter it said I had to pay by the 27th,

gmac say they dont do payment holidays, I am now a nervous wreck as I paid my whole last month salary to GMAC and have none for transport and basic needs. I am now physically ill over this and cant get myself to get up socialise or go to work,

 

Its not the first time this has happened I know, but I have tried to keep up with payments and GMAc arent very helpful as they didnt want to move my dd date to when I get paid which would be easier for me.

[Bona]

Ok you need to get a grip I had arreas far worse than you if you do not go your work you will never get out Please believe me Ell -en and I will both help if you have to go to court Now Ist work out a budget from your salary forget what GMAC say your payment is 1009 when you have paid out all the basics what do you have left what can you afford in repayments forget the penalty charges at the moment just concentrate on your income and expenditure and come back dont leave it so long were all here to help I promise

[Ell-enn]

Hi there, as Bona says you must stay positive, You need to protect your income from your job and if you need to enlist the help of your doctor then don't put off making an appointment - you need to look after your health, both physical and mental, in order to fight this. Do you have any friends or family who could help you with transport and essentials until you next get paid?

 

I know it must be hard and the worry of debt is very debilitating, but you will come through this. People in much worse situations than yourself have kept their homes.

 

We are here to help and support you and you should post on here whenever you feel you need to.

 

You are doing all you can to improve your chances of paying the arrears by taking in a lodger and if GMAC do go for possession a judge will see that you are trying hard. We will help you with your defence so please try to stay positive.

 

Kind Regards

 

Ell-enn

[vickson]

Thanks Bona, I think I will go and see my doctor tomorrow,

 

I sent a budget sheet to Gmac as Ellen said but have heard no response. Last time their solicitors wrote after a week, how do I know if they are going for posession, I dont want to have to sort out a defence in two days, Ive heard that GMAC can tell you a week before you are ordered to leave the property,

How many times did you have an eviction suspended Bona if you dont mind me asking I know situations are different but I need to know if i have any hope at all.

[Bona]

about 15 if they apply for eviction you have to by law be given 7 days most courts give bewtween 14 and 21 days if you can pay the arreas on the life of the mortgage then that is what the Judge will order so look on the bright side every day you have is one more they dont now you have a lodger how does that affect your budget where is your sister is she on the mortgage deed. work out a income and expendeture and come back to us There are so many people here to help

[vickson]

I told them about the lodger, they didnt really say anything about it but I just thought it may help my case.

 

My sister is on the deed but unfortunately unable to help, she has moved out and I really dont wanna lose the property, as I worked so hard for the deposit.

[Ell-enn]

Hi there, you will have more than 2 days to sort out a defence but even if it comes to that we can do it. I've been involved in helping someone on the day they were to be evicted and they kept their home. If you have an income it is very very unlikely that a judge would give possession to GMAC.

 

As Bona says, do an income and expenditure sheet to work out for yourself what you can afford to offer towards the arrears. You can download one here, fill it in in pencil first and then you can make changes if need be. If we need to write a defence then you will have it ready.

 

What is the situation with your job, have you rung in sick?

 

Try to stay positive.

 

Kind Reards

 

Ell-enn

[vickson]

called in sick today, checked the mail and no word from gmac, rung the court and they say if an eviction order is made they will write to me but cant say anything over the phone.

 

i think I will call gmac.

[Bona]

Have you done an income and expenditure sheet I wouldnt ring GMAC they will only upset you we can get ready anyway you will be fine when do you think you will get back to work

[vickson]

I will go to work tomorrow, just sorting out IE now.

[Bona]

Great let us know how it works out

[vickson]

Update

 

Called GMAC to make a further payment towards arrears. the lady mentioned that an eviction has not been authorised however it had been passed on to underwriters to make a decision.

 

My monthly payment is on Wednesday, however I will continue to pay whatever I can towards the arrears.

 

I think the next door flat was repossesed yesterday, nobody had been in the flat for weeks and mail was just getting stufffed in the mail box to the point that the post man couldnt deliver, came back home yesterday and the post box box was taped over with a do not use sign, and the front door lock had been changed and also tape on the door saying " do not use, any queries, please contact agent" and gave details of the agent which is a local estate agent.

 

Now I am worried, will this happen to me.

[Ell-enn]

Please try not to worry so much. You don't know the circumstances of what happened with the flat next door, it was most probably a much worse situation than yours.

 

You are making payments as you agreed with GMAC. If they decide to go for possession then you have a very good defence.

 

I know it must be hard for you while you are waiting to see what they do - but at the moment, no news is good news. Try to relax and keep on making your payments.

 

Kind Regards

 

Ell-enn

[Bona]

I think some of these people are having second thourghts we will be here to help just carry on making the payments it will look so much better IF and im not saying the will go for repossession if you have kept to what you have said you would do as Ellen says you do not know what happened next door Im sure things will work out