Eviction Order for 27th July

[david1960]

Hi, I got behind with a second mortgage through a sub prime lender which led to a suspended possession order last August.

 

 

Everything went fine for the first seven payments made on time or early, but I now find myself four months in arrears of the court order.

 

 

I have broken several arrangements and on Wednesday night (8th July) I came home to find an eviction notice had arrived in the post from the court for eviction on the 27th, nineteen days later.

 

 

The eviction notice says you can try calling the court but need a really good reason to stop this, and I am getting desperate.

 

 

I am self employed and although I would be able to get back on track with the order up to date, it is going to take at least six months, even with selling what few assets we have left. We have equity of around 270k in the house

 

 

The lender has written and said I should call them as they could offer an arrangement if the account had been well maintained, but we would not find ourselves in this position if the account was well maintained, and feel this is to make them appear the good guys in court when I try to defer the order.

 

 

Any help would be gratefully appreciated.

[Ell-enn]

Hi, howlong has the mortgage left to run?

[david1960]

Sorry for delay in reply, Ell-en, eight years.

[Ell-enn]

Hi, can you see yourself being able to clear the total arrears in that time ? You can apply to the court to have the eviction stopped (we can help you with that) but you will need to be able to show the judge that you have the income to service the payments.

 

Do you have children living at home?

[david1960]

I would be able to clear it by the end - no kids

[Ell-enn]

How would you show this to the judge? have your earnings increased since you missed the payments under the suspended order.

 

Would the £270k equity buy you another property outright ?

[david1960]

That would be tricky, as bank statements would not paint a pretty picture.

 

 

If we could get an adjournment for five weeks when a large lump sum will be in we should be able to show we have maintained two monthly payments for the court arrangement and reduced it from four months missed to two or three.

[Ell-enn]

Would you be able to produce evidence of the lump sum coming in 5 weeks ?

 

How much are the arrears all together (not just the missed payments under the order, but all the arrears) ?

[david1960]

Thanks for your continued help Ell-enn.

 

 

I could get some form of email confirmation from the company making the payment.

 

 

The monthly payment is £560 and we pay an extra £75 towards the arrears. So monthly court payment is £635 and we are 4 behind with these. Total of arrears is £5,800 according to the lender.

Edited July 13, 2015 by david1960

[Ell-enn]

Would the £270k equity in your property be enough to buy another property outright ?

 

The reason I ask is that it's sometimes better to think about downsizing so you have no mortgage especially since you are self employed with erratic income. If you manage to stave off eviction this time and then find yourself missing payments again (even just one) - you might not get a judge to order in your favour again. Do you really want to spend future years fighting eviction ? Just a thought................

 

However, if you are confident you will be able to service payments going forward and can get some proof of expected income to show the judge then I'm happy to help you with an application to the court asking to cancel eviction.

[david1960]

Sorry Ell-enn, you did ask that before.

 

 

I don't really know property values at the moment but it would be an idea.

 

 

I would prefer to stay where we are and given time feel I can get back on track and am checking some figures at the moment.

 

 

How much time will the court normally allow for a property to be sold?

 

 

Is the judge likely to be happy with an email confirmation of the order, which will be fairly informal as it is just asking for confirmation of their wish i

to continue with an annual contract they have had with me for eight years?

Edited July 13, 2015 by david1960

[david1960]

I spoke to the MD of the company paying us in August today as they needed to add some things to the annual contract so at least I have verbal confirmation that they are definitely renewing, now to relay that in email format from them for the judge.

[Ell-enn]

Do you have a copy of the original contract with the company who are paying you in August (with details of how much they pay you) ? if so we could use both as proof of their continuing the contract.

 

Is this your only form of income ?

 

 

If you want the court to allow you time to sell the house you would need to show it was on the market (contract with estate agent - details of advertising and viewings) and you would still need to make payments every month until it was either sold or you have reached the date that the court set for the next hearing (perhaps 3 months).

[david1960]

I should be able to dig out the contract with them.

 

 

I spoke to lender today and they said I would either need to clear the 4 months arrears or make a significant payment towards it. I may try and get an early payment from the client paying in August.

[Ell-enn]

Is the contract your only source of income ?

[david1960]

No, I have around 10 clients but this is one of three significant ones that pay annually, the other two annual ones pay in October and March.

[david1960]

Hi Ell-enn, if I can prove I am being paid 4.5 times monthly court fee and can pay 3 x monthly court fee in August, leaving me 3 months* behind in court fees, how do you think the judge would look at that?

Do you think think he/she could consider spreading the remaining 3 months over a longer period?

 

* currently 4 mths behind plus july and August fees = 6 payments less 3 mthly payments totalling £1,905 in August.

 

 

I think your idea of downsizing to further out of London is very sensible, as I can see us being in this situation again, but I wouldn't like to rush into this.

Edited July 14, 2015 by david1960

[Ell-enn]

When you say you are currently 4 months behind plus July & August fees - what fees do you mean ?

 

If you are going to put in an application to have the eviction stopped, you will have to complete a budget sheet so the judge can see your incomings and outgoings and work out whether maintaining payments is viable. Obviously it's difficult when you are self employed but they have to base it on something. Do you have a partner who works ?

 

You will also need to have a very good explanation as to why you have missed payments under the court order.

 

I see this is a second mortgage - is your first mortgage up to date ?

[david1960]

Sorry I meant July and August court payments - out at clients at the moment, I will reply fully later.

[david1960]

My wife doesn't work, I used to be able to support us quite well, now all savings gone.

 

 

We had a scare when she had to go to the Royal Marsden last Friday when she found a lump. but it was only bone tissue, but still another worry.

 

 

In arrears with main mortgage, but they are not chasing us. No letters from them - 8k left on mortgage with them.

[Ell-enn]

Hi, did you attend the original repossession hearing ? what income figures did you use in your defence that persuaded the judge to suspend possession ?

 

How many payments have you made since the hearing ?

[david1960]

Yes I did attend and seven payments made on time or early September to March.

 

 

what income figures did you use in your defence that persuaded the judge to suspend possession ?

 

Sorry don't understand question

[Ell-enn]

When you went to the hearing what did you take with you to prove you had the income to sustain the payments? this is the information the judge would have used to susped the hearing.

[david1960]

I just provided the completed 1 and E form - that was all

[david1960]

I am currently trying to get my August receipt paid before the eviction date. I should know this and how much I will have in before the 27th by Friday evening and see if I can make an offer to lender that they will accept in order to cancel the eviction. If they do, and they probably won't I will check with the court, but would you recommend still making the application or would this be pointless?