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Mortgage in Areas

  • Mayar Monnie
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10 Aug 12 #348696 by Mayar Monnie
Topic started by Mayar Monnie
Last summer, The husband missed payments on the mortgage for our 3Bed house, arangement was made with the lender ever few months, but it is still over £1600 in areas, now bank has issued pay or else house will be repossed letter,, it is now a year since 2 payments were missed,,, I know the husband will do nothing to pay this debt, we are having problems, and he will rather house get reposessed than leave the house to me and kids (I have 4 kids)and move on,,I do not have such savings to meet the debt,, I do not know what to do! I am so woried,,, Please can someonetell me how I may save the house, for myself and kids, I am not working but I have an online business which I set up my self and is in early days,, and the husband works less than 10 hours a week,,Please help!

  • LittleMrMike
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11 Aug 12 #348719 by LittleMrMike
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It is certainly best to address the problem of arrears before they become hopelessly unmanageable.

Do you mind my asking if you are in a divorce situation ? I am not trying to push you into divorce, but if you are in that situation then it is necessary that I should look at the picture as a whole.

I can well understand your wish to keep the house, The obvious first question is whether you can get

Child support ( which he should be paying regardless ) ;
Tax credits ;
Child Benefit;
Mortgage interest paid along with income support ;
Council tax benefit

You see, the issue is whether you can afford to keep the house with the aid of such resources as you have or could get. A judge at a possession hearing will ask the question as to whether you could possibly meet the payments. If you can''t then a possession order will be made.

Well, I don''t know the answer, of course, but it''s really important that you address the issue now. What you must do, at all costs, is avoid repossession, and if your husband knew that he just can''t walk away from his debt he will soon find out how wrong he is. A possession order is certainly the worst of both worlds and must be avoided if you can.

At the end of the day, even if you lose the house, it may be possible for you and your family to be rehoused by the local authority. But for various reasons, I normally treat that as a last resort.

So to to conclude, I would advise that you get an appointment with CAB as soon as possible. By all means take this answer with you. These are the questions you should be asking now, and I rather think you need a bit of a hand. But do it quick, you must act promptly.

LMM

  • ascatfish
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11 Aug 12 #348735 by ascatfish
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To reiterate with what LMM said - go to CAB or ring CCCS - both will help you sort your finances for free.

I used to work in a mortgage arrears department and it seems to be that you have gone over the magic "2+" arrears amount . If you can work out how much 2 months mortgage payment is, and you can afford to, pay a lump sum off to get the arrears below 2 months of arrears, this will hopefully take the pressure off you re a possession order.

When they can see your financial situation the bank should make an arrangement with you for future payments while the divorce is being settled - even if this is just the monthly payments for now .

Mkae sure you keep them fully informed of what is happening and if you make an arrangement stick to it and on time and they will give you breathing space to sort things out .

  • Mayar Monnie
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11 Aug 12 #348788 by Mayar Monnie
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Thank you all for replying to me, No we are not in divorce situation as such, although I have asked for and accepted his THALAK, which is muslim divorce where he repeats it 3 times etc, But It is obvious from your advice that, while he is here I will not be able to claim the benefits you have stated, although we do get help with council tax, i grt child tax, and child benefit,,, a court order has not been issued yet!

I do not have the funds at all to pay the debt,I have even told the man, that it is his debt, and he sort it today or leave,,, he is laughing at me at how worried and distrought I am!,

  • soulruler
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11 Aug 12 #348792 by soulruler
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Courts do not like throwing families out on to the streets. Three months is generally the trigger to send a mortgage to the repossession team and I believe that six months mispayments will at that point trigger a lender to apply into court for a repossession.

There is nothing worse than homelessness or the threat of homelessess and I understand how worried you are but what you need to do now is contact your lender.

Firstly is the mortgage is both the names of your husband and you or is it in just his name? If your name is not on the mortgage then it is his liability to pay the mortgage and provide for his children but more importantly if it is in his sole name then you have no rights under the Data Protection Act to be provided with any information regarding the contract - but also no obligation to pay either in this circumstance.

I was talking a while back to a Muslin man who was explaining to me the Muslin basis of non fault divorce in effect and how you just had to say that the marriage was no longer pleasing you and you were released from your vow.

However, as Muslin faith is based on trust I do not believe that his conduct in regard of laughing and bullying you and threatening you with homelessess for you and your children is as propriate response for a man who is claiming rights to faith - which should always be in good faith.

Is there anyone in your community with whom you can discuss some of the issues?

  • Mayar Monnie
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11 Aug 12 #348796 by Mayar Monnie
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There is no trust here, since he is busy spreading roumers that I am seeing another man, becasue I wont sleep with him! I came to this decision since he is treating me wrongly,

anyway,If you have read my first question from few months ago you will know more aboue my situation and we have 2 properties, 2 bed flat which is rented out and the 3 bed house which we live in, both properties are in his name and so is the mortgages for both properties,

I have just contacted debt advice and talked with them, will need to call them monday to do expenditure,

we have not been issued with a court order , just a letter sayiing pay now or else we fine you £40 a month,

also this debt has grown only from him missing 2 payment from last summer when I left the house with kids, those are the payments that were missed please understand this everyone, thank you all for your advice, feeling a bit better!

  • Mayar Monnie
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11 Aug 12 #348801 by Mayar Monnie
Reply from Mayar Monnie
Also to add, I have my family , parents brother and sisters who live nearby, but noone wants to help me, They are not in contact with me nore do they make any efforts to do so, I am on my own in this situation.

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