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Clare, Solicitor
Category: UK Law
Satisfied Customers: 32986
Experience:  family solictor with 25 years experience
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I am an uk home owner and because I missed 3 morgage

Customer Question

I am an uk home owner and because I missed 3 morgage payments in the past we have a suspended possession order on our home . I have just missed one payment due to illness . I have been advised by the mortgage company that our account will be passed to a solicitor . Does this mean our house will be automatically repossessed due to the suspended possession order . It was granted approx 4 years ago
Submitted: 3 months ago.
Category: UK Law
Customer: replied 3 months ago.
Can you please pass this to. U.K. Lawyer
Expert:  Clare replied 3 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Will you be able to make the next payment?

Had your previous arrears been paid off?

Customer: replied 3 months ago.
I can make the next payment but because I broke the payment plan arranged with the mortgage company they are passing my account to solicitors straight away . I pleaded with them not to do this and also asked what the consequences would be but the ( relatively junior ) administrator said she could not help as it would now be in legal hands .
Previous arrears not all paid off - I will be able to pay them off completely with a work bonus at the end of September 2016 . I offered to provide written evidence of this but they were not interested . In the meantime large amount of charges and interest have been added to our arrears
Expert:  Clare replied 3 months ago.

How much is outstanding on the arrears?

Customer: replied 3 months ago.
163;12000 plus interest and charges I have asked for a breakdown
Customer: replied 3 months ago.
There is 300,000 equity in the home
Expert:  Clare replied 3 months ago.

The solicitors can apply to enforce the Warrant on the basis of your breach.

However you can ask for a further suspension until 1st October if you are certain that at that point you can clear the arrears

It is a decision for the Judge - and is one that a Judge is likely to make

Please ask if you need further details

Customer: replied 3 months ago.
To clarify - are you saying the judge will likely apply a further suspension ? Do I need to attend court or can a supply evidence by mail ?Would the solicitor automatically apply a warrant?
Expert:  Clare replied 3 months ago.

Yes it is possible - you will need to attend court and the solicitor may well write to you first

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