|
Stopping your house repossession is all about regaining control of your
own destiny. Unless you can find a means of paying off your mortgage
arrears in full - which is what lenders usually demand - you're looking
at one of two options. Persuade the judge
your house is as good as sold or put up a convincing case that you
can meet some form of payment plan to pay arrears over a period of time.
Understanding what's going on
Trouble is if you're facing a court date
(or date for eviction) it can feel as though you've lost control of your
own destiny. But there are still some things you can do to help
yourself. Stopping your house repossession may still be a possibility.
It's easy to feel as if you're in over
your head. We understand that once legal action has started it can
be difficult to work out what your alternatives are (or even what's
going on). Even if you can't afford legal advice there are a
number of no cost organisations such as Citizens Advice or Shelter who
can help clarify exactly where you are in the process and what your
options are. In addition, some organisations are able to provide
free legal advice including Transact.
The good news is that judges and many
lenders don't like making people homeless even although falling house
prices and the credit squeeze seem to be making lenders more nervous.
The key to being able to take the reins
back is a form called N244.
The power of Form N244
Form N244 is your passport to stopping
your house repossession. It works just as well in
Haverford West or Cardiff or Ashford or Maidstone. You see..it is a
passport. And you don't need a solicitor to make use of the form.
All that it takes is a fee paid to the court - of less than £100.
N244 is simply a form you complete and
take to the reception desk at the relevant County
Court. The form enables you to call a court hearing where you can
state your case - effectively present new evidence to the court. It is
this new evidence which can be instrumental in stopping your house
repossession.
Using the N244 Application
Notice
Anyone can get a copy of the
N244 Application Notice.
See no mystery.
The N244 will not be sufficient
by itself to get a
deferred or suspended possession order. But it will FREEZE legal proceedings no matter where you are
in the process pending further investigations.
The great thing about form N244 it
allows you to state your case before the judge by calling for a special
court hearing. Stating why you should not be evicted or why a possession
order should not be granted is more than a matter of stating you have
listed your property with estate agents. You'll need to demonstrate you
have adequately solved the problem of paying your mortgage arrears or
paying everything off.
This means being able to show the judge
you:
- can sustain paying off your arrears
over time
- have exchanged contracts on your sale
- have a cash buyer lined up to buy
your house
Stopping your house repossession
ultimately comes down to either making a convincing case for why you can
now make payments or indicating you have an alternative solution such as
a sale in progress.
Stating you have a sale in progress has to be
meaningful. What it really means is having an exchange of contracts in
place, or a cash buyer waiting in the wings.
Have you really run out of
options?
Selling your house - whether you remain
in it or not - is obviously a last resort for stopping your house
repossession. If you haven't already done
so now is the time to consider carefully whether you REALLY have no
means of paying off the arrears. Many borrowers who do manage to make
good their arrears end up getting a "soft" short term loan from family members
or friends. This solution is usually more flexible and cheaper than approaching lenders
and of course not subject to the same criteria.
However if this is really not an
option, you need to be certain you've exhausted refinancing options. Stopping your house repossession
may hinge on a meeting with a decent mortgage broker.
You may be able to to re-finance your
property allowing you to raise cash and/or lower your monthly payments.
While this may be harder during the current credit squeeze it is by no
means impossible if you have sufficient equity. A good mortgage broker should be able to advise what
your options are.
To find out more about stopping your
house repossession please call
us on
0800 043
0669. |