mortgage arrears

greenspun.com : LUSENET : Repossession : One Thread

I have been told that i'm being taken to court for repossession because of 3 months arrears which totals about 800. What I would like to know is if I clear the arrears before the court date will I still be taken to court even though there will be no arrears left on the account but loads of charges if they do, its no good me asking the lender this as they are not interested and won't give me any answers. Thanks in advance

-- Tracey (tracey.holland@btinternet.com), April 09, 2003

Answers

Tracey,

A solicitor's understanding is that the court would not dismiss the claim (assuming that a claim has already been made) but adjourn it because if further arrears accrue in the future it will then be cheaper and more efficient to re-list the adjourned case than start a new one. He says there is case law to support this.

He also thinks the defendant should attend court just to make sure that the lender does not try to pull a fast one. He also stated that the defendant will be liable for costs.

Tracey you could also contact the council's housing department and/or social services they can sometimes help prevent repossession I believe. Good Luck.

Mark

-- M Amos (idgroms@hotmail.com), April 10, 2003.


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