Due in Court Monday 14/07/08

[splashin]

If anyone can offer any advice it will be appriciated. My sister is due in court on Monday for the start of repossesion. If we pay off arrears in full tomorrow will we still have to go to court?

[Ell-enn]

Hi there,

 

If you pay off all the arrears before the hearing the lender cannot get possession of the property. However, they may tell you that you don't need to attend the hearing and that they will cancel it - in most cases they don't cancel! they still turn up and ask the judge for an adjournment with leave to restore - which means that if at any time in the future you get into arrears they can "fast-track" the possession hearing. So even if they tell your sister she doesn't need to attend, she should ring the court the day before and ask if it has been cancelled, if it hasn't she needs to attend and tell the judge there are no arrears, therefore case should be dismissed.

 

Who is the mortgage company?

 

Has your sister sent back any defence forms to the court?

 

Kind Regards

 

Ell-enn