House Repossessed but haven't heard from B/S

greenspun.com : LUSENET : Repossession : One Thread

My house was repossessed in May 97, but I have not heard anything from Abbey National even though I had my post re-directed for six months after the repossession. I have remarried and would like to get a mortgage with my new husband but am frightened that I'll be opening a can of worms as I don't know what the outcome of the repossession and sale was - and don't particularly want to go through the nightmare of dealing with Abbey National again. I had a mortgage indemnity policy but am unsure if this covered any shortfall. My story is an interesting one, as even before I went into arrears the Abbey wouldn't give me permission to sell - therefore putting me in a no-win situation. They then put me through hell by their bad communication and administrative support. The culmination was that the judge who granted to repossession actually said that this was a very sad case and that I should be commended for the way I handled myself. The Abbey's solicitor told me afterwards "off the record" that if I did not have the mortgage indemnity policy, they probably would have handled things differently!

-- Caz Eaton (Caz@Bitz4Bikes.co.uk), March 20, 2000

Answers

If you can demonstrate that they refused you permission to sell at price (a), and then they subsequently sell it for a lower price (b), then they will have a jolly hard time claiming against you for the shortfall.

-- Eleanor Scott (eleanor.scott@btinternet.com), July 07, 2000.

Basic Question here is have you kept all your papers? Off the record statements sound ok but when or if they come after you for a Shortfall. Documentation is what you require- these boys thrive on waiting a few years-then strike and hope you have no records. Comments by the Judge unless a court transcript was made can mean nothing also-sad as it seems. So check what papers you have. Check with the court to see if a recording was made of the case -then you can get transcript made via one off the approved court transcript writers!The court will supply you with details on that. Untill this matter is settled if your husband can get a mortgage in his name only this would be the best course.

Good luck

Charles Twford

-- charles twford (charles.twford@lineone.net), July 07, 2000.


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