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reposession.

  • ozzywiz
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25 Apr 12 #326537 by ozzywiz
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Got a hearing for notice of reposession in may... it is the FMH. my ex is living in it and has not paid a penny to mortgage or secured loan. Negative equity and she just living there free of charge.

Ive got full residence of the children so no kids at risk. . .

I hope it gets reposessed as every day she is there the debts go up and it will be ultimitly shared.

Whats the chances of it being reposessed if she is in court saying it will make her homeless ? . .

can i go and speak in court or can i make a statment. . .

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25 Apr 12 #326576 by Shezi
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If your name is on the mortgage then you share the debt (and ultimately, the liability). In that case, I would assume you have also been notified of the hearing.

That being the case, then it is in your interests to attend (and yes, you will be able to speak). The judge won''t necessarily refuse repossession because it will make your ex homeless. S/he may order a stay of execution, as it were, in order to give your ex an opportunity to bring her payments up to date. If that''s the case, a time limit will probably be put on this. If your ex has no good reasoning at the hearing for not paying the mortgage then it is likely that a repossession order will be made.

Just out of interest, because it will be asked, what is your own situation regarding the mortgage outstanding? Assuming that you have some liability.

Shezi

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26 Apr 12 #326634 by ozzywiz
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im not sure what you meen by situation ?

Arrears started when we was married with struggling financially, then ex left FMH and left me there with children so only interest was paid by benifits. then I moved out to council house as not affordable to stay there as single parent. house stood empty for 9 months then she moved in and changed locks and she been there since november and paid nothing.

she is on JSA and no way can afford house or secured loan so its just getting us both further in debt unless house is reposessed or sold whch she wont sell as she got a free ride living there.

I do believe she will have a sol to fight for her not to lose house so i hope i get my say but not sure of procedure or what to say apart from it is going to cause me and kids severe hardship for the house not to be handed back .

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28 Apr 12 #326957 by ozzywiz
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