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[H1658]How To Stop Repossession
by Carl Robinson, Car
If you have been given a notice of eviction you may be able to stop this, but you must act quickly.

Which forms you need to fill out
If you need more time to sell, to find somewhere else to live, or want to make a revised offer to pay the arrears by monthly instalments you should apply for the warrant to be suspended on court form N244.You can pick up this form from your local county court.

When you fill in the N244 form remember to:

*Write the claim number of the case;
* Write the warrant number;
*Include the reason you have not been able to pay and your new offer (in part A on the front of the form);
*Tick the box in part B saying you rely on evidence in part C;
*Attach your personal budget or write it out on the form in in part C on the back of the form;
*Sign the statement of truth at the end of the form.

Do this as soon as possible to allow the court time to arrange a hearing.

The court will set a date for a hearing, usually before the eviction date. It is imperative you go to this hearing or the court is unlikely to suspend the warrant.

If any further warrants are issued at this hearing you may still be able to ask the court to suspend them (for example, to give you time to find somewhere else to live). If all your efforts to stay in the property fail, you will be given an eviction date.

When the bailiffs come
Bailiffs have the power to force their way into your home if they have to so you need to move out before this date if you have not been able to stop the eviction. If they arrive when you are there you will have very little time to pack up your belongings and will only be able to return to pack up a couple of weeks later. You will then have to get the lenders permission to enter the property again in the future and arrange to remove your furniture. Some lenders try to arguethat they can keep any belongings left in the house. It is safer so remove all that you can before the eviction date.

After your eviction your lender will still add interest to your mortgage until the property is sold. They are obliged by FSA rules to sell your home fast for the best price but in reality their need to get a quick sale to recover their money means that it is likely to sell a lot lower than the price you could receive on the open market. They may sell it anything from 15% - 40% below the market value of the property.

The proceeds from the sale are used to pay off the court costs, the estate agents and solicitors bills, the mortgage and any second or third mortgages. The lender must tell you in writing how the money has been spent.

When will the nightmare end?
They must send you any money which is left over but if not enough was raised on the sale of the property to pay off all secured debts and costs you will still owe money to the lender. Due to repossessed properties being sold below their market value this is all to common unfortunately.

You do not want to get to this situation so take action as soon as possible by trying to pay off the arrears, selling your property before you get evicted (so you get a better price) or selling and renting back your property so you can stay there.

The threat of repossession is a real one to many people. When the economy is good, mortgage lenders are willing to lend many times your salary at low interest rates. If interest rates rise, however, or your experience job loss, sickness, divorce or other circumstances that reduce your income, you could find yourself in mortgage trouble.

Once your mortgage company has started repossession proceedings, it's easy to give in and let the court process take its course, but there are ways that you can slow down and even stop the repossession process:

1. Talk to your mortgage company

Even at the last minute, it's possible to work out a deal with your mortgage company. Whether it's raising additional money to clear your debts, or just agreeing a new payment plan, your mortgage company should be willing to come to an agreement with you. Don't think that because you have been given a date for the courts to consider a repossession order that you don't have time to sort things out.

2. Be prepared

If you do have to go to court, make sure you are fully prepared. Keep copies of all the letters and other correspondence you have had with the mortgage company, work out a detailed daily expenditure that shows where you can save money so that you can begin paying your debts and be ready to explain to the court why you are in payment difficulties in the first place. The court may grant an adjournment or delay the repossession order if you can show that you are prepared to take your financial responsibilities seriously.

3. Seek advice

If you are in danger of losing your home to the mortgage company, then take legal and financial advice to ensure that you are doing everything possible to avoid repossession. A good legal adviser will make sure that the mortgage company is following due process and not making it unreasonably difficult for you to make payments and clear your debts. They can also help you if you need to go to court, explaining the process and making sure that you have all the supporting documentation you need.

A specialist financial adviser can arrange short-notice loans, which can help you to get out of trouble. With just a few days notice and with access to dedicated lenders, they can arrange a loan that allows you to pay off your debts and start afresh. They can also arrange a quick house sale, without the need for estate agents fees or a lengthy sales procedure, which means that you raise the money you need with the minimum hassle.

Article Source : Real Estate Agent Website

About Author
Both Carl Robinson & Freedom Property are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Carl Robinson has sinced written about articles on various topics from Spyware, Real Estate and Sell Home. Carl Robinson is an experienced property consultant and investor. If you are considering sale and rent back visit. Carl Robinson's top article generates over 12100 views. Bookmark Carl Robinson to your Favourites.

Freedom Property has sinced written about articles on various topics from Finances, Real Estate and Finances. Freedom Property specialises in helping people who need to sell their house quickly, whatever the reason. Visit their website by clicking Stop Repossession.. Freedom Property's top article generates over 3600 views. Bookmark Freedom Property to your Favourites.
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