Can I give my house back to the mortgage company

[desperate&depressed]

That's what I thought too! But apparently it's a very long process to get an ASBO! I'm writing a complaint to the police commissioner tomorrow to query why this should be such a long process.

[desperate&depressed]

Also, some good news just in this afternoon - the police in charge of our case is having a meeting with the council tomorrow to force the issue of getting them evicted. Fingers crossed!

[WelshMam2009]

Good luck D&D. Hope it all works out for you. I know Gwent Police are pretty hot on anti-social behaviour and they definitely follow through with ASBO's.

 

It might be as well to ask, out of curiosity, just how many ASBO's your local police force has issued and how this compares, in percentage terms, to other Police authorities in England & Wales.

 

I know it seems as if the weight of the world is on your shoulders at the moment but things will sort themselves out eventually...take care

[kegi]

DD I feel for you living as I do in the same sort of place you discribe abeit they have'nt burnt the house down yet? and at least I own it but I can say ASBOS up this end are looked on as badges of honor to these yobs and would make it even worse I believe and if I read it right nothing other than moving elsewhere will give you peace .Maybe it will leave you in debt via a shortfall but happiness is worth thousands .My thoughts only of course but I would find somewhere nice to rent 1 sell for the best you could get 2 hand the keys in or stop paying and let them repo at the end of the day when they come after you for the shortfall you offer to pay back only what you can afford take it or leave it not much else they could do bar court and they would'nt get any more, if it takes 50 yrs to pay back who cares you would be happy yes?

just me feeling depressed now DD at your situation ..

whatever you decide has to be between you and hubby for your happiness in life

Don't dispair its never as bad as it seems..

kegi

[desperate&depressed]

Thanks everyone for your help and guidance!

 

We are slowly getting somewhere. Have spoken to First Plus and they have said that IN PRINCIPLE we would be able to change the secured loan to an unsecured loan. Firstly we have to have an offer though before they will even consider it.

 

So, next step we need to find a buyer, hopefully get enough to cover the actual mortgage (family are going to step in and cover any shortfall but can't do enough to clear the secured loan as well).

 

With all the problems we're having safety wise it's been pretty bad the last few days - have had police out 2 out of 3 nights with this gang trying to kick our door in.

 

But, the police are now meeting with the council to try and get these people evicted so fingers crossed.

 

At least we seem to be getting somewhere at last. Now just need a buyer!

 

[cadencealex]

Northern Rock are lending again they announced on 23rd of this month

 

If you could find a buyer, you could port your mortgage to another property now.

[desperate&depressed]

Yeah, unfortunately not to existing customers

[charliebubs]

Thanks for replying Charlie. Good to get your advice. We bought the house in November 2007 - would that make any difference to us being able to pursue the previous owners for not declaring it? Do they actually have a legal obligation to inform us of any police issues in the past - i.e. previous arsons etc?

 

Yes, the sellers do have a legal obligation. A duty of disclosure.

 

Under contract rules the sellers must disclose all defects which are not apparent, and under the Standard Conditions of Sale the duty of disclosure is wider and they must disclose all apparent and non-apparent defects.

 

Failing to disclose a fact may be actionable as either a breach of a duty of disclosure or an act of misrepresentation.

 

Initially I would contact the solicitor you used at the time of your purchase and ask them to confirm whether the purchase contract incorporated the Standard Conditions of Sale. I would also ask them for copies of all the Enquiries and Requisitions they raised with the sellers' solicitor and the replies they were given.

 

I would also ask them whether the Transfer Deed contained a provision that "the Contract would not merge on completion". This is important as it effects which course of action you can take now.

 

Good luck

[desperate&depressed]

Thanks Charlie. On reflection I am a little reluctant to pursue the previous vendors as that would then put us in a situation where we would absolutey have to declare the problems to any potential purchasers we have.

 

Touch wood but it's been very quiet for the last 4 nights. Fingers crossed it stays that way for a while yet.

 

We've had lots of viewing and one offer but 30k below the asking price so we just can't take it. Hoping that they will increase their offer. :idea: