C C Summons for shortfall

greenspun.com : LUSENET : Repossession : One Thread

My house was repossessed about 5 years ago. My ex-wife and I devorced. The house was sold around 6 months later. Several letters were sent and all ignored from the Halifax. I have now recieved a Summons for the shortfall in addition to interest. The shortfall being 70,000 and the interest being 26,000. I had a MIG but there is no mentionof that on the summons. I have managed to get myself out of the financial s@#t I was in and I now own my property with around 100,000 equity. I can just afford to pay the mortgage. I can not afford a solicitor and I can not get legal aid because of the equity. CAN ANYONE HELP, I only have a week to respond to the summons ! ! !

-- Den (dstrickl9@aol.com), October 07, 2004

Answers

firstly if the house was in joint names you can claim that your exwife is liable for half. They may come back and claim joint and several liability. you need to start from scratch here. Go to the dos and dont's request a sarn , ask what payment was recived from the mig. Do chapter and verse on how the sale was managed and all that goes with that. the answers are all here you have to find them. ask for a copy of the money judgement order. DO NOT ADMIT ANY DEBT only ever quote'alleged debt' in correspondence. You have to ask for more time to defend your self in the court hearing. Make them prove the debt. If you can't afford a solicitor, and frankly solicitors are not good at this type of work, research this site thoroughly. I escaped a 47k debt scott free by using all the info of the site. i am a CEMAP qualified mortgage broker and will give free advice to anyone. however I am not a solicitor.Your journey starts here you CAN win this. Good luck

-- roger watts (r.watts40@ntlworld.com), October 08, 2004.

Moderation questions? read the FAQ