NRAM Eviction Order - Help Please

[sparklyjewel]

I am the administrator for my late mothers estate - she died in 2009 and we didnt get probate till August 2011. I have been living in her (still mortgaged house) since 2010. NRAM want back the whole outstanding mortage - approx 43,000 and got a possesion order in December last year (Judge was not happy with them as I already had house on the market and have paid 3k off mortgage even though I am not personally liable).I accepted an offer on the house in March but it fell through as buyers couldnt get the mortgage (have email evidence)I tried to get a mortgage to pay off NRAM but couldnt meet the strict conditions laid down by new mortgage company (to pay off 12k of unsecured debts) so this didnt progress - I did fax through documents to NRAM outlining all these attempts to pay them off in May and havent heard a thing until last week when I received a letter from them saying they were now going to enforce the possession.I hadn't been sat back doing nothing, I have a new partner and we had an AIP for a 67k mortgage (as well as NRAM I need to buy out my two sisters from their equity) - we had been having some issues with the valuation (which was affecting the % we could borrow) but this has been resolved and we now have a full mortgage approval and a letter showing we have instructed a solicitor in the purchase of the house which I duly emailed NRAM's solicitor on 24 October and they have come back and said 'Having spoken to our client in respect of this matter they have instructed us to proceed with further enforcement action'. I have checked with the Court a few times (including today and they have not done anything as yet to get the eviction warrant).What should I do now - put in an N244 and ask for the possession to be suspended or wait for the eviction notice and then put in the N244? Is it likely that a Judge would look favourably on our case given that once the mortgage goes through NRAM will be paid off in full? Last December was stressful enough with the possesion hearing I am so on the verge of giving in its is untrue - NRAM will not reply to any letters and will only give a fax number.Any advice would be greatfully appreciated.

[tuttle]

NRAM are being steered by UKAR - the governments (cloak and dagger!) recovery agents. Although on the surface the government have made statements about how much they are helping the housing market, its not true based on the way NRAM are acting. The best thing to do is keep the mortgage under a 3mth arrears, if more dont worry to much, but keep paying a bit each week - its go to pay a bit each week, as when you print off the payments, it shows the judge how committed you are.

[Lea_HTH]

Sparkly, wait for the notice of eviction to come through and then put in your stay application (costs less this way 40 pounds as opposed to 80). Given the circumstances, I am certain the judge will stay the eviction, giving a reasonable time during which the purchase can be completed. There is absolutely no reason for the mortgagee to go for eviction at this stage when you are so close to repaying them in full.

 

Try not to worry - a reasonable judge will be more than happy to grant the stay if you can show that you have good prospects of completing the sale within a reasonable period of time.

[Debvfm]

Good morning all. With every post I read regarding NRAM the sicker and sadder I feel for people. I think once I have had my morning in court with them tomorrow I will write to my MP to highlight this issue. It shocking and they seem to use every delay tactic in the book to try to take people's homes. Thank goodness for forums like this, I am sure there are people who just give up once the Eviction letter pops on the mat.

 

These people CANNOT and SHOULD NOT get away with this scandalous business practice.

 

After all when they failed dismally who helped them pick up the pieces. I hope and pray I have a good judge tomorrow and he sets the record straight!!!!

[sparklyjewel]

Hi all - thanks for your reassuring words and advice. Debfm you are right, NRAM are so adamant that they want you out at all costs that is is very tempting to just give up and let them win. I must admit, after not knowing what to expect last year in court I was shocked (and pleasantly surprised!) when the judge lambasted the NRAM representative for the way they had acted. I hope all goes well for you tommorow, I am sure it will - good luck.Lea - thanks, didnt realise the difference in costs so will wait for the eviction notice now before I go down the N244 route.

[sparklyjewel]

Hi all - thanks for your reassuring words and advice. Debfm you are right, NRAM are so adamant that they want you out at all costs that is is very tempting to just give up and let them win. I must admit, after not knowing what to expect last year in court I was shocked (and pleasantly surprised!) when the judge lambasted the NRAM representative for the way they had acted. I hope all goes well for you tommorow, I am sure it will - good luck.Lea - thanks, didnt realise the difference in costs so will wait for the eviction notice now before I go down the N244 route.

 

Latest correspondance with NRAM solicitor - I really do despair! looks like another day in Court for me - I hope I get the same Judge next time!"Thank you for your e-mail dated 01/11/2012.Until contracts have been exchanged our client is not in a position to hold off any further action. As previously stated, please seek your own independent legal advice should you have any queries regarding this".My response"Thank you for your email. Although I am fully aware and appreciate your clients position on this matter, I think we are both aware that your client can if they want afford me a reasonable amount of time to complete the sale and this is all I am requesting. I note that as of yesterday morning (upon checking with **** County Court) that no further action has yet been taken on this matter. All I request is a few weeks to complete the necessary legal procedures for me to redeem the mortgage with NRAM in full. If the eviction warrant is pursued and granted by the Court then I intend to submit my own application to have the Court adjudicate on this matter if your client insists on not allowing me a reasonable amount of time to complete the mortgage. If your representative at the hearing last time took full notes of the proceedings then I am sure you will be aware of the Judges comments with regard to the actions of your client at that time and for a matter of a few weeks now I don't think it is in anyones interests to waste the time or money of the Court. I would also again draw your attention to Item 3 on the Order for Possession. Given that a) I have a formal mortgage offer and solicitors have been instructed, b) I have paid off £3000 off the mortgage and c) that this is my home and I have no where else to live I would again urge your client afford me a few weeks to complete this matter.

[Ell-enn]

And tell them if you have to pay for a hearing in court you will ask the judge to award you costs for wasted time

[Debvfm]

These people really are despicable. Words fail me!!! Hopefully if the judge is in a receptive mood when you go back again!! The pressure they put on people is unbearable but to these people its just a days work. Well, not a days work I would relish!! Shame on them!

[Debvfm]

Thank you for your kind wishes. I hope that if we don't get the same Judge who could not believe they were chasing me for money I had paid and the arrangement I had kept that the one I get is as sympathetic to me and not them. Their solicitor got a real telling off! NRAM have the Judges comments but do not seem to care, I find this a blatant disrespect of the the court and if a mere mortal were to do it we could expect the full extent of the law to come down on us. Thanks all

[Debvfm]

I assume the solicitors firm they are using is Wallers? They are an absolute disgrace as well, they bleat they are acting on behalf of their client but surely (as the judge recommended in my case today) they should also ADVISE them on taking incorrect action? Maybe a call to the Law society is in order as well!!! Has to be malpractice surely???

[sparklyjewel]

Hi all - just thought I would give a quick update. I am expecting to complete my mortgage on Monday next week but NRAM have yesterday gotten leave to enforce the order, despite my contact with their solicitors, Irwin Mitchell.I will now await there eviction warrant which I expect will be served on Monday (what a coincidence!!) although what should I do when I get the warrant should I still go for another hearing (even if the mortgage funds have cleared). I am so fed up of being stressed over all this it is making me ill.

[Debvfm]

Try not to worry it looks like things will be sorted out before you have to go to court. I would wait for Ell-enn to pop in later for further advice. I wish you all the best and try not to worry.

 

Deb

[Lea_HTH]

Hi all - just thought I would give a quick update. I am expecting to complete my mortgage on Monday next week but NRAM have yesterday gotten leave to enforce the order, despite my contact with their solicitors, Irwin Mitchell.I will now await there eviction warrant which I expect will be served on Monday (what a coincidence!!) although what should I do when I get the warrant should I still go for another hearing (even if the mortgage funds have cleared). I am so fed up of being stressed over all this it is making me ill.

 

When you say 'complete', do you mean the funds will be transferred to NRAM on Monday? Or do you mean they will have completed all documentation with the funds to be transferred at a future date?

 

If the former, there will be no grounds for possession, as ownership will have changed hands and the mortgage repaid. If the latter, expect to go to court to make a stay application if the eviction date is before the date on which contracts and funds will be exchanged.

[sparklyjewel]

Just thought I would update you all on my situation. On 21 November my solicitor redeemed the mortgage in full with Nram (via their solicitors) so hopefully this is an end to the matter, however, knowing Nram.....I would like to thank those who have provided advice and support on this forum - Lea, Debs and Ellen in particular. Being faced with losing your home and the prospect of court action is so stressful and when the mortgage company seems hell bent on going the extra mile too get you out of your home it is worse.All I can say to anyone facing court, it is not as bad as you think it is going to be, the judge will listen to you and the mortgage companies dont always get their own way.Reading the stories on this forum really helps you to realise that you are not on your own.Thanks all once again x