repossession of house

[michael007]

Can some one please advise what will happen when my house is repossessed to pay my greedy brother in law off. money that was owed by my late mother. As i was executor of will i know its my responsiblity, to pay him back. I have tried to get a loan and/or mortgage. i,ve been tunred down because i,ve developed a medical problem through all the worry and depression getting me down. I have an appointment to see a cardioloist, next week. repossession date is 30th june2007.. Ive given up.

[Ethel]

You must change your attitude to this. It is your brother in law's money and he should have received in 2005.

However, when your house is repossessed it will be sold. Your brother in law will be paid off and you will receive the residue.

It would be much much better if you sold it privately - you would get more money for it.

Go to the council and see if they can help. Go to CAB and get advice.

Start looking for alternative rented accommodation.

Think about selling the house - get an estate agent and get it on the market.

[bednobs]

i dont understand how you think your brother in law is greedy, when he is asking for money that belongs to him morally and legally! It is not because you are executor that you have to pay him back - if anyone else was executor, it would still be your responsibilty. Imagine your mums house is money instead f a house - eg say its 100,00 pounds she left rather than a 100000 pounds house - your brother in law would have been paid off his 20 odd grand immediately and you would have had the rest of the money wouldn't you? and in fact when the house is sold you will still get the rest, so it not like you are losing your own money, just getting less of an inheritance
you are in an awful situation and i really feel for you but i would agree with ethel - you will get much more for the house if you sell it yourself probably although there is hardly much time to do this now - so get started NOW TODAY

[innocenti]

I am really confused, how can you house be repossessed when you have no mortgage on it? Or do you? Have you been paying the mortgage?

I take it the brother in law has gone to court to obtain the charging order and has the court now said that it has to be sold?

[themas]

I assume there is a charging order on the house in favour of the brother in law. You say "repossession date is 30 June". Does this mean the Court has already granted an Order for Sale & that you have actually had a written notification that the house will be repossessed on that date? If so, then it is extremely urgent for you to find somewhere else to go to, as otherwise you will be evicted and you & your possessions will be left on the street. Sorry to be so blunt, but that is the fact of the matter & you must do something now - as suggested above. One thing you could do would be to put the house on the market straight away, & then apply to the Court (with help from the CAB) for the eviction to be deferred to allow you time to sell. You would have to give the Court evidence the house had been marketed, & it would be much more likely to succeed if the brother in law was willing to tell the Court he agreed to a delay.

If your reference to repossession on 30 June is actually to a Court hearing on that date (i.e. an application from the brother in law for the Court to grant an Order for Sale) then you have rather more time before any possible eviction, but what you must do - as you apparently can't raise the money to pay the debt in any other way - is to put the house on the market & take evidence of this to the Court hearing & ask for the Order for Sale to be refused to give you time to sell.

[Ethel]

innocenti - there is no mortgage on the house, but that is not the only reason a sale can be forced.

There is a legal charge against a secured debt (his brother in law gave his mother who owned the house a large sum of money to be repaid when she died).

The owner died in 2005 and the house was inherited - the debt should have been repaid then. He brother in law has taken him to court and the court has ordered the house to be sold.

[michael007]

I have had no court order, this is all from my brother in laws solicitors. I wrote to is solicitor in march and recieved a reply 7 weeks later, telling me the repossession date is 30th june. In this time that past he put on �600 to the bill, i assume iam paying is solicitors bills.

[themas]

The house cannot be repossessed without a Court Order for Sale being granted, & this should only be done at a Court hearing after you have been notified that the hearing will take place. From what you say, it seems likely that 30 June is the date of the hearing, but this should be stated in documents sent to you either direct from the Court or from the solicitor.

If you are not absolutely certain about what the position is you should take all the documents to your local CAB or law centre, or to a solicitor, so that you can be properly advised. This is very urgent - you should not just leave things to "come out in the wash". Also, as previously said, you should put the house on the market straight away unless you are totally confident (which, from your post, I don't think you are) that you can raise the money to pay the debt without selling.