My brother in law has left my sister and has stopped paying the mortgage. He now owes 3 months arrears. My sister can not afford to pay this as she is getting no maintenance & only has a part time job. She has 5 children at home aged 13,15,17,19 & 21.

How long will it take to repossess the house & throw the children out into the street?

Any advice would be appreciated

-- mark graham (markg539@aol.com), December 15, 2000

Answers

Not very long is the answer. Their stance will be that she has no real reason not to work full-time and the adult children (21, 19 and believe it or not 17) are not figured into the equation at all, even if they are in full-time education. She should attempt to make some payment towards the mortgage, if she intends to live there. They will not entertain the idea that your BIL is morally obligated to pay the mortgage; your sister lives there and she is just as responsible for the payments if her name is on the deed. Your brother in law will probably just walk away; in practice it's just impossible to get the other partner to pay in time if they are determined not to. I speak whereof I know here.I would guess there is some equity in the property as the children are fully grown; her best chance is to get good solicitor and make sure she gets at least half of everything, if not more. If she wants the house she will have to get a full-time job if he agrees to transfer the equity, but the Building Society will want the arrears cleared first. Unfortunately when most of the children are adults, there is no way he will be made to pay for them and the house. Sorry to be the voice of gloom, but I have seen this happen countless times.

-- Too scared to say (iwasduped@yahoo.com), December 15, 2000.

I suppose there are a number of possible variables here.

Is there equity in this property? Whose names are on the deeds? If there is equity and it's in the BIL's name only, then a solicitor will help. (E.g. s/he may well advise your sister to place a 'caution' on the property. And your sister really, really needs to see a solicitor, you know.)

If there's negative equity, then you might like to come back to this board for further 'advice'? (i.e. a load of opinions!) For example, if the worst comes to worst and the house is repossessed, and your sister's name is on the mortgage deed, then your sister needs to make sure that it's sold for its full value.

Wishing you well,

-- Eleanor Scott (eleanor.scott@btinternet.com), December 15, 2000.

Hi, I fully sympathise with your sisters situation. As mentioned in the other responses, it is vital that she obtains advice from a solicitor. I would also suggest that she contacts the lender (if she hasn't already) to make them aware of the situation and to see what help they can offer. They may suggest however, that she returns to work, although without knowing what your circumstances are I can't advise too much. If she is unable to return to work then she should make sure that she is obtaining all the social security benefits that she is entitled to. Speak to the DSS about mortgage payments as she may be elegible depending if she is already in receipt of any benefits. The mortgage payment should be her first priority above other bills. I know that this is very difficult and that money doesn't go very far. The citizens advice bureau may be able to give her some advice also. Good luck

-- Jo (chrisbrad@zoom.co.uk), December 15, 2000.