Urgent - evicted 9 days ago

greenspun.com : LUSENET : Repossession : One Thread

Urgent, does anybody have any suggestions on how to take this situation forward ? I have five days remaining to remove my possessions from my property, I have already been evicted. Is there anything I can do at this late stage to get back my home ? If I managed to somehow surrender my endowment policies or somehow obtain a lump sum to cover the arrears, is there any way back ? I had an endowment mortgage with UCB up until nine days ago when I was evicted after being repossessed. I offered to surrender my endowment policies upon their agreement to cover the arrears. The litigation officer I spoke to the evening before I was evicted wanted a lump sum before he would stop the eviction. I explained I had not got that kind of money available but that all the arrears could be paid off in ten days if upon their agreement I could surrender the endowment policies. He said this was just a stopgap and although I sent a proposal giving all the details I had proposed by telephone the evening before by e-mail and by fax on the morning of the eviction, he went ahead anyway. Please see question above.

-- Laura Smith (laura_photos4@hotmail.com), September 05, 2001


Hmm - did you not contest the order in the courts ? I'm sure if you'd gone in front of the Judge with your proposal he would have ordered a stay for, say, 30 days to give you a chance to do this.

I think that, once the property has been repossessed that is it, I'm sorry to say - it now, officially, belongs to the mortgage company.

I can only advise that you seek legal advice - and specialist legal advice. You should also contact your local council about being rehomed (if you haven't done so already).

I'm sorry I can't offer more positive help, but perhaps someone else on the board can suggest something ?

-- Chris (chrsh@hotmail.com), September 05, 2001.

I think Chris is right - it's too late. I tried to rescind a voluntary repossession when I realised that I had been shafted into it, but it was too late, even though the property had yet to be sold.

-- Too scared to say (iwasduped@yahoo.com), September 05, 2001.

I did have one thought, although this really IS a long-shot.

If you can prove, somehow, that the lender (UCB) have been negligent in it's duty towards you, then you may (very slim chance) be able to get the reposession nullified.

I suspect this will not be possible as you were aware of the impending reposession (you contacted them to try and get it stopped, so you must have known), and you were in arrears so, technically, are in breach of the terms of the mortgage.

I don't want to discourage you, as, even if you DID have a case, UCB have most of the cards now (they have your property !), so if they contested you'd still be no better off until the situation was resolved. They would almost certainly appeal if you somehow managed to succeed, and you'd be no better off than you are now as I doubt you'd be allowed back into your property.

I really, REALLY, think your best course of action is to accept this, even though I am sure it must be hard, and look to the future. If you don't have somewhere to live, then contact your local council - most council's have emergency lines that are 24 hours for this sort of thing. I know it sounds bizarre, but if you go to your local police station they normally know this number.

Sorry I can't be of more help Laura.

-- Chris (chrsh@hotmail.com), September 05, 2001.

You do have@equity of redemption' under the law that is you can repay the debt before a sale and recover.Email me the details fast!

-- roger watts (rwatts.homeloans@virgin.net), September 16, 2001.

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