My ex-husband and I obtained a mortgage from Halifax in joint names. We separated within the first year and he agreed to continue making the payments so I could live there with our children. I was unable to get any help from DSS with the payments at this time, as there was a 38 week wait.

The DSS are now paying interest only to the Halifax, which leaves a shortfall of around #90 a month.The problem is my husband didn't keep up with the payments and there are now arrears built up.

I have now received a court summons for repossession which takes place in February. What will happen at this hearing and will I become homeless following it?

I am a full-time student/single parent, receiving income support, so cannot afford to contribute to the arrears outstanding. Also am I expected to make up the shortfall of the mortgage each month too?

I would be grateful for any advice on this matter as I am at my wits end what to do.

-- Paula Saban (ChloesRevenge@aol.com), January 21, 2000

Answers

The court's powers to stop repossession are limited. Only if you can pay the mortgage instalments and an amount to clear the arrears (the longest period possible is the remainder of the mortgage, can the court stop repossession.

If you are unable to make up the shortfall between the DSS payments and the actual repayments, then the court will have to make a possession order. This will usually be "possession in 28 days". This means that after the 28 days are up and if you haven't left by then, your lender can apply for a warrant to evict you and your family. The bailiffs will usually inform you of the date and time of the eviction appointment. Depending on how efficient your lender is and how busy the local court bailiffs are, this date could be anything from 2 weeks after the end of the 28 days or as long as 8 weeks.

-- Sue Edwards (sue.edwards@nacab.org.uk), January 25, 2000.

I disagree with the answer given ,you have not taken into account the unpaid amounts by the husband and would recommend you see a family lawyer ASAP, as you are on ,i presume income support that should ,provided your case meets the Legal Aid Board Critera ,ie .they agree with the case,you have grounds for staying put One always resumes the court is always right-yes they do have guide lines to follow but if other factors are put before them -then they have to look at them With regard to Bailiffs waiting 2 -8 weeks I have know some courts send them around the same day from the possession order in court ,eg. 28 days and it was 28 days -and 14 days and it was 14 days

so hope this helps

Charles

-- charles twford (charles.twford@lineone.com), January 25, 2000.

Lenders have to apply to the court to enforce their possession order - the bailiffs will not make an eviction appointment without receiving the application and the fee from the lender. Neither lenders nor landlords can apply for the warrant until the time specified in the possession order is up.

The only other option you could look at is asking the court for time to sell. The court is only likely to grant this if 1) you have equity in the property; 2) you can show the court evidence that the property is on the market and sale is proceeding. If you decide to do this, it is a good idea to get advice from a solicitor. If you are going to apply to your local council as homeless you may also need to contact the homeless persons unit to find out their view of selling the property yourself.

-- Sue Edwards (sue.edwards@nacab.org.uk), January 31, 2000.

Would not disagree with the points Sue Edwards is making but the one point has come more clear combine my comments with Sue Edwards and yes you do need a solicitor on this on - the sooner the better

Good luck

Charles

-- charles twford (charles.twford@lineone.com), January 31, 2000.