Mortgage Fraud: Eviction Feb 18,2009! Please Help!!

[Bonita21]

Hi,

 

My father was a victim of mortgage fraud two years ago and we have been continuously battling Swift Advances ever since as my father did not sign the mortgage documents and we spent a lot of money on getting a handwriting expert to confirm that it was NOT my fathers signatures on the contract!

My father initially had a possession hearing in July 2007 where at the time as he has limited English skills he was not aware that he had a right to defend himself and the only solution he came to was selling his home and renting it back. The judge granted Swift a suspended possession order to allow the sale to through! I finally became aware of this situation in March 2008 when my father was sent an eviction notice I sought advice from the CAB who told me this could not happen! Since then I have communicated with Swift and we had a hearing to suspend the eviction in March to which Swift did not attend! The judge stayed the eviction however on the eviction date they attended my parents property and forced entry and damaged their locks causing a lot of stress and heartache! They then tried to evict my father again in September 2008 however when they saw a copy of the handwriting expert report they CANCELLED the eviction!!! But now yet again they have applied for another eviction on February 18,2009!! I am completely distraught and am at my wits end my father is a 62 year old diabetic man with a heart attack history he has lived in his home for 30+ years and he is being preyed on by these vultures! We have sought solicitor advice but our money is running out to pay them!! I have contacted the Financial Ombudsman Service but feel like I am runnig out of options. We recently received a letter from a mortgage broker stating the mortgage that was supposedly sold to my father was unaffordable as Swift Advances gave a 18 year mortgage to a 60 year old man paying £1,930 a month!! Please can anyone help and offer advice on stopping this eviction?? PLEASE!!

[OLIVE.FAMILY]

Hello Bonita. Welcome to the forums. I am just posting for support and to keep your thread at the top to get attention. Somebody i am sure will be around tommorow to give you advice. I really do feel for what your father is going through. Have you filled in a N244 form as yet to get a hearing. If not Ell-enn will be able to help and advise you on that.

 

She will need some info though. How many months is your dad behind, how much are the total arrears and can afford to pay a little off each month. Is it interest only?

 

Please hold tight. You are in good hands here.

 

olives xx

[Goldlady]

Subbing in case I can help here. This is a ridiculous situation.

 

What about police and so on? Are they aware of what is going on?

[Bonita21]

Hi, thank you for your replies my father is supposedly two years in arrears as he never took out the mortgage he has never paid for it as it was taken out in September 2006. My father is the sole earner in the household he earns £1,200 per month but the mortgage repayments are £1,930 per month which exceeds his incomings which leaves me bewildered as to how they gave a mortgage like that! The police have been informed yet as it is under 250,000 they do not consider it to be a priority! Yet my father being in the streets is a priority to me! Swift should be held accountable for their actions and for even giving such a reckless and destroying mortgage to begin with!!! They NEVER met with my father nor spoke to him all they tell us was that everything was done via telephone,internet and post!! I am disgusted!!

[gizmo111]

How much does your father owe on the property and how much ahs been proved fraudulent?

Where does the mortgage broker come into this?

Have the police been informed?

What did Swift say about the fraud?

Who had the money?

[Bonita21]

My father is said to owe: 220,000 on the property the mortgage taken out was £191,000! The mortgage broker have recently sent a letter stating the mortgage sold was unaffordable!Swift even with the handwriting expert report non that is WAS NOT my fathers signatures on the contract are choosing to ignore it and have tried to evict my father 4 TIMES!!!

The money was taken by a family friend who would help my father with his financial matters due to him not understanding English very well! This is truly heartbreaking, I just can't make sense of it it is a nightmare!!

[gizmo111]

My father is said to owe: 220,000 on the property the mortgage taken out was £191,000! The mortgage broker have recently sent a letter stating the mortgage sold was unaffordable!Swift even with the handwriting expert report non that is WAS NOT my fathers signatures on the contract are choosing to ignore it and have tried to evict my father 4 TIMES!!!

The money was taken by a family friend who would help my father with his financial matters due to him not understanding English very well! This is truly heartbreaking, I just can't make sense of it it is a nightmare!!

 

 

So was your father aware that this mortgage was being taken out or is it total fraud by the family friend?

[Bonita21]

It is total fraud he only discovered it when Swift started sending arrears letters and threatening eviction!

[gizmo111]

In which case has he reported it ot the police with the freinds details?

[Bonita21]

Yes he has but they have now been unable to find the fraudster and believe he may have gone abroad!!

[Bonita21]

In the mortgage papers they even put that my mum was self employed and earning money when my mother hasn't worked since 1988!!

[gizmo111]

Presumably there is a paper trail and the police have investigated the fraud. Were the mortgage company given the police details and what action have they taken on the fraud?

[Bonita21]

The only action they have taken is to evict my father they are unsympathetic and they cancelled the last eviction after seeing the handwriting expert report but refused to set aside judgement, the solicitors working for us required £6,000 in order to work on the case which is unaffordable in such a small space of time the are now reviewing the case to see if they can offer us a no win no fee deal but if that fails I believe my parents will be evicted! ]Now even though the situation remains unchanged they have obtained another eviction for just over a week I don't think I can cope for much longer!!

[gizmo111]

Have you told the court about this fraud?

[Bonita21]

Yes we have that is the reason they stayed the last eviction in March 2008, Swift applied for another one in September 2008 and cancelled it following receipt of the handwriting expert!

[Bonita21]

Swift have never attended any court hearings their only solution is to keep bombarding my father with eviction notices or forcing entry into his home when the judge has stayed the eviction!

[Bona]

Does your father have a crime number and name of the officer dealing with this it is a fraud against swift as well and you need to make sure the police are following it up and that Swift are assisting him they are insured against this

[Ell-enn]

Hi there, this is a terrible situation and I feel heart sorry for you all.

 

Given the short timescale I think your best option is to put in an application at court for a hearing to get this eviction cancelled. I can help you with the N244 form you need to fill in.

 

Can you gather together all the paperwork you have relating to this and post back on here with a list. We can then get to work on it.

 

We can't do anything till Monday but I will be on line today and tomorrow to help with the statement you need to put on the form.

 

Does your father own the property outright?

 

Ell-enn

[Bonita21]

Hi, Thank you so much for your help! Do you think we stand a good chance of getting the eviction cancelled?

 

I have a handwriting expert report that states on a scale of 1-5 with 5 being the highest that the signatures rank a 4 as not being genuine

 

I have all four eviction notices swift have sent, I have a mortgage broker letter stating the mortgage provided was not affordable to my father so it should never have been given in the first place in my opinion! I have a letter from the court stating that if no further claim was made to the repossession order that the claim be struck out! Swift responded to this by applying for an eviction warrant! I have the solicitor letters that stated to Swift that my fathers situation remained unchanged and if they proceeded to enforce the september 16 warrant that they would apply to the court and seek to recover costs from swift as the handwriting report was favourable to my father upon seeing this swift cancelled the eviction! They have not requested any further information all they do is seek evictions!

 

I have letters from swift legal services stating if my father does not want to be evicted that he pay £45,600.00 in arrears!

I have a complaint form to the FOS highlighting Swifts unprofessional and bullying behaviour!

I am really at my wits end,they tried to enforce an eviction in March after it was stayed they drilled my parents locks and my father is now taking 9 tablets a day due to all this stress its unbearable and Swift should not be allowed to do this! I hope you can help us

 

My sincere thanks

[Bonita21]

My father owned the property outright since December 1999 after purchasing it under the councils right to buy scheme! i hope its not too late for my father!

[gizmo111]

I am still a little confused - you talk of mis selling by the broker to your father but you say your never had the mortgage.

Can you tell us more about what actually happened? Which solictor was used for the funds to be released?

Did your father have paperwork sent to his address - if so did he sign anything?

What ID was given to Swift? Who verified it?

When the money was paid to the solicitor, which bank did he transfer it into?

Which bank account was the DD on the application form set up for?

The friend that was helping your father with his finances, what did your father actually ask him to do and what did he think he had done?

[Bonita21]

Hi, the mortgage broker letter was posted to us three weeks where they stated that an internal review had taken place and they deemed that it was an inappropriate mortgage deal to begin with. I haven't responded to these people as we had no dealings with them I just thought that if they are sending a letter like this then they should have never sold the mortgage fraudulently or not! The post was sent to my fathers home at the time the family friend was living there who would then intercept the post as my father could not read English and would tell him it was nothing important! I believe that it were swifts solicitors that were used for the funds! We have no record from swift with regards to what id was used and verified by as they are telling us nothing! They have not told us what bank it was transferred into

[gizmo111]

I suggest you send an Subject Access Request to both Swift and the broker and see what they have on your father. Ell-en will help you in gettign the eviction stayed.

 

EDIT

 

The solicitor that is working for you now - have they asked for any of the originating documents?

Also it may be possible to get the judge to order disclosure of these documents as it is your defence to eviction.

[Bonita21]

Hi, Our solicitors requested information from swift and received a copy of the leagl charge,copy of the mortgage offer mortgage application form,credit agreement.The solicitors state that my father has an absolute defence to the claim made against him. Swift have not worked with us on this they have not requested anything to further help their investigation the handwriting expert also states that both my fathers signature and my mothers signature was done by the same person! On the legal charge there are witnesses that my parents have never met or heard of! They also did a self certification on my mothers wages claiming her to be an interior designer earning 26,000 when she has been a housewife for 20 years now!! On another income affordability letter she has gone from being an interior designer to a PHOTO ALBUM MAKER!! this is crazy!!

[Bonita21]

My father would ask him to pay bills and make sure his wages were being paid into his account as he does not know how to use a debit card! i used to help my father with these matters but got married 7 years ago and moved out as I have a young daughter he didn't want to burden me so he sought help from his longtime friend! Its heartbreaking if only I had known I could have helped him now it may be too alte I should have kept an eye on them! Im heartbroken and feel to blame I should have kept helping and checking in on them after I moved out I was just selfish I knew they needed help now its too late I would do anything to help them but now it may be well out of my hands!