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Can second charge for small amount repossess my home
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I have negative equity on my property, am up to date with mortgage payments but am struggling to pay a secured loan, I have agreed through their solicitors to pay a reduced sum of £200,there is a suspended repossession order on the property with same lender from 2 years ago when my income decreased, I am now struggling and am in arrears with £200 payment due to further loss of earnings. The £200 arrangement is in place for 6 mths but it said on the letter that my account with lender is due to expire next month(what does this mean)? Can the secured loan lender force repossesion even though they wouldnt get a penny? Home is worth approx £110k balance on mortgage £124k , balance on secured loan £2400 please advise
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For more on marking an answer as the "Best Answer", please visit our FAQ.They can go to Court to try to get an order for sale - or, if the suspended order already gives them that power & they try to exercise it, you can apply to Court for the order to be varied.
However, it would seem to be very unlikely that they would do this if they would end up with no money. It is bound to cost them something to get possession & then make a sale, which the mortgage lender could quite possibly frustrate as they would not get a full repayment either.
It is a complicated situation & you could get some advice on it from any free local debt or housing advice agency, or CAB or Shelter.
The least you should do is keep in touch with the lender's solicitor, giving them full details of your present income & expenses so they can see you can no longer afford the £200. CAB or any free debt advice agency could help you prepare a financial statement if necessary. Make sure the solicitor is aware of the value of the house (get it valued by an agent on the pretext that you are thinking of selling, & give them that in writing) & of the outstanding mortgage.
However, it would seem to be very unlikely that they would do this if they would end up with no money. It is bound to cost them something to get possession & then make a sale, which the mortgage lender could quite possibly frustrate as they would not get a full repayment either.
It is a complicated situation & you could get some advice on it from any free local debt or housing advice agency, or CAB or Shelter.
The least you should do is keep in touch with the lender's solicitor, giving them full details of your present income & expenses so they can see you can no longer afford the £200. CAB or any free debt advice agency could help you prepare a financial statement if necessary. Make sure the solicitor is aware of the value of the house (get it valued by an agent on the pretext that you are thinking of selling, & give them that in writing) & of the outstanding mortgage.
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