[ Post New Message | Post Reply to this One | Send Private Email to David J. Button | Help ]

Response to Court Case on 04/06/04

from David J. Button (davidjohnbutton@supanet.com)
Sounds like you had a reasonable judge - he is clearly making sure that you are not either telling porkies or over-committing yourself.

As to time to pay - the Norgan case set a precedent to which all judges in repo cases must adhere in that the borrower must, if need be, be given the rest of the mortgage term to pay any arrears. Halifax and any other mortgage lender can stanp their feet and shout as much as they like but if the rest of the mortgage term was 20 years and the borrower could not clear the arrears any quicker, then 20 years they must be given.

One other little thing you have not thought about - costs. You will have to pay the costs of the possession proceedings - this will be about £500 or so and the usual way for these to be dealt with is incorporated within the mortgage deed - they are added to the balance of the mortgage - however, Halifax may demand these costs from you as part of the arrears (in other words, they will be added to the arrears) You need to ask Halifax what the costs are and write them into your payment plans.

(posted 7264 days ago)

[ Previous | Next ]