finalzero

Hi,

As per the title I have recently recieved an eviction notice from my mortgage company (via the courts).

Now before you shout "serves you right" I have had a well balanced account with my mortgage lender to date.

Now the background story is that my current home has had it's mortgage monthly paid from profits earned through rent on my other properties however I had a bad spell and had no regular tenants for 3 months.

That ate into my savings as I had to cover the monthly on the other properties until I got tenants again, this in turn got me into arrears on my place of residence however here is where I feel shafted.

I called up the lender and explained why I was in arrears and confirmed that I would bring my account up to date by the end of this month which they seemed to be happy with.

But all of a sudden last week I get lots of letters stating they wanted immediate payment of the arrears. I tried in vein to speak to someone however when I did get in touch with someone at the mortgage company it turned out my account was now being looked at by someone else - who basically decided to be a hitler and shaft me.

I got the eviction notices last week and a contact number for the lenders solicitor who I promptly called up. The chap on the line seemed helpful and believed that I simply wanted to settle the matter quickly however for some bizzare reason my lender (without warning) decided to put in some obscure security test.

As the mortgage is on my wifes name she had to answer some questions but she was a bit clueless on one of the questions...

And to be fair, who knows anything about their mortgage in detail unless they look at the paperwork?

When my wife asked the woman on the line to hold on so she could get the paperwork she was told flat out "no, you can't do that, you should know the answers"...

We were both going "WTF?!" - how are we supposed to remember details like the exact lending figure etc? So after failing 3 times we were told the account was locked... great, now what?!

I spoke to their solicitor explaining the bizzare situation we were in i.e. the account was locked so how on earth are we supposed to proceed with settling the matter?

We were advised by this chap that he would grant us some more days to arrange the payment and he would speak to his client to see if we could redo the security test (well my wife).

But no, today we get another fecking letter stating we need to move out on Thursday morning.

I really don't get it - these people don't want my money?! I am being co-operative and very sincere in trying to settle the matter (which would take one bloody click of the mouse through online banking) but it seems as if the mortgage company actually wants to evict us and auction the property off.

So I need some advice, do I speak to a solicitor in the morning and try to get an injunction on the court order to evict us or is there anything (in our rights) that we can do to prod the dumbass neanderthols at the mortgage company to accept my fecking money and bring my account back into credit?

I honestly think people have gone completely mad and no one knows how to do business anymore...

This has really affected me, not slept since last week and have been totally out of focus at work :s

Boro

iTrader: (1)

That seems REALLY harsh. I know the financial world is struggling at the mo but i would definitely go seek legal advice ASAP. Sorry i cant help any, but i hope you get it sorted soon.

f1_fan

iTrader: (9)

I would go immediately and get some legal advice from a good solicitor who is an expert in property deals, agreements etc. This sounds way over the top and as for the security questions and associated comments I think someone needs disciplining for speaking to your wife like that. You have tried to talk to them and it has come to nothing so get your own solicitor.

What is happening is just crazy. What are they going to do if they repossess your house? Sell it to the highest bidder in the great throng of people breaking down the door to buy houses right now. Not!!! Rest assured that someone in the mortgage company is sensible and will see this is just stupid, sadly you need to get past the idiots in front of them and that is where a solicitor comes in.

Good luck. Oh and ignore the inevitable posts that will come about you being greedy, shouldn't have bought so many rentals, reaping what you sow etc.

mrtheedge2u2

Finalzero..... one question matey...... why on earth did you not choose to go into arrears on one of the rental properties instead of the main residence??

tanyatriangles

iTrader: (2)

My cynical view? Someone at the mortgage company wants your house

Get legal advice quick. Are the eviction notices from a court, or just the lender? If from a court, you could apply to the court with your case. Not sure how much force one from the lender will have, but again, legal advice.

FlightMan

Who is the lender? Seek legal advice asap. Write to your MP.

mrtheedge2u2

I am also sure the courts will take a dim view on the lenders actions..... courts never want to evict people (unless it is an extreme case) and you clearly are trying to settle the arrears

stilover

First. Get as much Legal advice as you can.

Secondly. Don't move out. The second you do, that's it. You'll struggle to get back in.

Third. Go to the Media. Bad publicity at the hand of the press will maybe do far more than the legal system. Go to the national press. The BBC, ITV etc. Name and shame the bank. The press will get the facts over and make the bank look like a bunch of heartless w@nkers, that they most obviously are.

The Zohan

Agreed, have you been taken to court yet, if not they cannot eveivt you anyhow - IMHO.

If court is the only option then seek advice from the CAB and/or a solicitor. Do attend court and put your side, courts are reluctant to eveict people, it is usually if the person does not turn up and put thier side that the courts are left with no option really other that to come down on the side of the lender.

hodgy0_2

Scrap the below -- I see you were given a court notice -- but surely you would have known about the court date etc and turned up to defend yourself

surely its the court that serves the eviction notice not the mortgage co

I will rephrase that -- surely its the court that serves the only legally enforcable eviction notice not the mortgage co

I rent flats out -- I can send whatever I like to my tennents in terms of "eviction notices" but can only evict them thru the courts

I think its called due process -- something which they have not followed

is it with a recognised lender or a sub prime?

Leslie

Sorry to hear of such a terrible problem. It does not seem on the level to me, there must be another reason behind all this, maybe what TT said.

There must be a way to forestall the eviction notice at such short notice when you have already said you are about to settle it. Especially when they said at first it would be alright.

I hope it all gets sorted out ok.

Les

al4x1

either that or its head under the pillow syndrome, obviously the bank thinks you've over stretched yourself. These things don't go to court without you knowing and if you talk to your mortgage company they do have to listen. Talk to CAB and keep talking to the bank otherwise book the movers

Butty

iTrader: (2)

Did the repossession order give an enactment date from the time of issue and did you ask or were allowed to have a Stay on the order to let you come up with some money?

If that time has come and gone and you've not cleared any agreed amount then it is too late to stop the repossession.

You've got another three houses to move into. Give notice to the tenants and move into one of them?

austinwrx

I don't understand - I've evicted loads of people: you need a court order giving date and time of eviction etc.

you mean you've got a letter from the lender stating they intend to take court action.

they'd have to have the case heard in court to follow through with closure.

how do you not know your total liabilities btw ?

chocolate_o_brian

iTrader: (22)

Dude, get soem legal advice, and quickly!

I'm currently paying £250 a month on my mortgage which is just over 50% with the Halifax. This is until I find work. They have been fine with this as they had evidence of my incomings/outgoings from the CAB. If it did go to court it would be favourable towards me as I have done everything in my power (obviously while unemployed) to pay as much as possible on my mortgage. It's classified as arranged arrears and while it does mess your credit rating up, it's something the mortgage company cannot use against you in court.

I genuinely cannot understand why they have been so heavy handed with you. It really baffles me to be honest. In the current climate, mortgage lenders are under pressure to help folk out as in the long run its financially more beneficial to them to save on solicitors fee's etc.

Best of luck fella, and if I can help or advise from personal cirumstances, please feel free to pm me

finalzero

Cheers folks all sorted, got some legal advice and the bloke turned out to be a top fella.

Got on the phone and wouldn't take no for an answer until the payment was accepted and the matter cleared up.

Going ask for a written letter as to why they treated us the way they did, in hindsight should have let my other property take the financial brunt but at the time I was under the impression our lender was okay with letting us get into arrears with the intention we would balance the account.

Twts the lot of em, going to remortgage with someone else when I get a chance - not going to name and shame but a clue: a mortgage company in London

jods

I was going to say - I have two spare bedrooms and a 4 man tent.















Neither of which would be on offer to you - you pikey

scoobyboi09

Just read this, glad its sorted mate. I hate being spoken to like dirt from companys that think they have got one over on you..

Spooky Mulder

Mortgage company in London - not much of a clue - I work in financial services and can't actually think of any...

...all the big mortgage operations are in the provinces!

Also - to clear arrears you do not need to answer any security questions. My brother was going to get evicted and all I needed to know was his account number and to state how much to pay when I helped him out!

chocolate_o_brian

iTrader: (22)

Least you got the moral highground and a fellow family member owes you.

NSR wouldn't have it any other way - good on you sir

Simon C

I can... They deal with Sub prime, which I don't think is the case here.

Deep Singh

Glad you got it sorted, very shocked at the way you were treated.

On another note, shouldn't you rebalance your finances somehow so it doesn't happen again? Unemployment is still rising so you may get further vacant periods in your rental properties

Reffro

Chelsea.......

Spooky Mulder

Simon - see my pm

Chelsea - good point how could I forget, maybe it is being a Man U supporter

finalzero

I can understand security but I cant tolerate fcking people who think they are some how empowering themselves over you over the phone.

My god had I been able to speak to the girls on the phone, I would have used my razor blade tongue and intelligence to make them feel like lifes accidental turd droppings (which I can do when I am in angry-getting-old-guy mode without swearing once... I think).

I know if you get angry and use a cuss word they have you by the ***** (and they are trained to provoke you folks), every conversation is recorded as well so we have asked for those - was funny when I got told in a letter "we do not record all of our calls... blah blah blah" so I sent a copy of a page from my Analysis document I did at work for a voice recording system stating "that all voice recordings are stored for ALL inbound and outbound case related calls in any organisation that has to answer to the FSA".... working in finance helps and that shut em up.

Getting some solid advice from work thanks to a top notch HR team and some ex solicitors/finnace gurus who now work in my company with me so hopefully I can avoid this obvious trap.

As a note folks, don't sell up after a similar or worse incident if you retain your property, the market is due to bounce back right at the end of this year after all the rich ******* buy up cheap empty auctioned properties so you might get some money back remortgaging in the new year.

If you happen to be one of those guys who talks to customers like me and you happen to work for mortage company, nothing personal but I you need to get a life and new job

Hanley

Recording calls is not an FSA regulation IIRC.

NotoriousREV

The regulation is that you have to record in some way the advice given and the reasons for advice. It's easiest to record the calls themselvs rather than take notes on a seperate system. The calls tend to be bullet-proof evidence of what was and wasn't said so I'd be amazed if a mortgage company weren't recording the calls.