# 24 months in mortgage arrears now but Bank will not take house...



## whatelse (21 Feb 2012)

I am 24 months in mortgage arrears now and was told last week by lender that they will not be repossessing the house as they can't. I looked this up:

(won't let me post URLs) so I'll try this: 

irishtimes.com/newspaper/ireland/2011/0726/1224301383116.html

and

rte.ie/news/2011/0725/mortgage-business.html

 

Hope it helps some people.


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## no money Mo (21 Feb 2012)

hi Whatelse, did they say why they can't take your house?


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## whatelse (21 Feb 2012)

Because of a rulling made by Judge Dunne (see links). So the upshot of it is, I've no money to pay the mortgage and haven't done in two years and the bank can't take the house. To be honest, it's me chasing them to get answers. Yes I know credit rating, etc but the way my health is it's the last thing I care about.


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## no money Mo (22 Feb 2012)

Stay in the house, don't ask questions your only drawing attention to your case and take care of your health. Your not alone, the banks themselves don't know how its going to pan out. Try and put a few quid to one side for yourself. What bank is it?


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## Wishes (23 Feb 2012)

Hi Whatelse,

Have you paid anything at all over the past two years?

I'm curently in discussions with a bankruptcy practioner in the UK.  I am unsure whether or not I should hand back the keys of my home and move to the UK immediately to avail of their more efficient bakruptcy route.  It is a very tough decision to call.  

On one hand I can make interest payments each month on my mortgage but on another I am aware that this wont be accepted forever.  

I spoke with an accountant last week who tells me that this wont continue forever and that my provider will take me to Court.  Apparantly these guys mean business.

I dont want to make the wrong decision and find that some deal has been struck and everybody gets to stay in their home while stupid me ups sticks and moves overseas.

If you don't mind me asking what bank are you dealing with.


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## whatelse (23 Feb 2012)

Hi, I don't what to say pubicly which lender is it but I've no problem telling you in a PM. No, I haven't paid anything at all in the last two years. I spoke with a Solicitor who basically told me to sit tight! None of this is helpful to me though as I need to move for health reasons.


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## Bronte (27 Feb 2012)

whatelse said:


> I am 24 months in mortgage arrears now and was told last week by lender that they will not be repossessing the house as they can't. .


 

What exactly did the bank say in their letter? 

If you want to move on with your life healthwise I guess you could move out of the house and go and rent somewhere else and tell the bank that is what you are doing and that you are willing to sell the house if they consent, that way they don't need a court order for repossession.


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## whatelse (27 Feb 2012)

They didn't say in a letter they said it over the phone (after EVENTUALLY getting to speak to the person delling with this). Pretty much what I said to no money mo- because of the rulling they are not able to repossess the house. I asked in the meeting with them a few months ago was selling an option and they said not unless I could come up with the difference (which if I can't afford the mortgage is an obvious no!). So, at the moment they wouldn't be able to get a court order for repossession and I can't sell


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## ajapale (2 Mar 2012)

whatelse said:


> [broken link removed]
> *Hundreds of home repossession cases may be struck out* July 2011
> 
> 
> ...



links for record since new users cant post links (anti spam measure)


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## whatelse (3 Mar 2012)

Thanks.


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## Bronte (6 Mar 2012)

whatelse said:


> They didn't say in a letter they said it over the phone   So, at the moment they wouldn't be able to get a court order for repossession and I can't sell


 
There's no point dealing with the bank over the phone.  You should only do it in writing. If you consent to repossession I don't see how that court case would be of relevance.


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## whatelse (17 Apr 2012)

Just though I would update..... I got a solicitor to sign the voluntary surrender form and I dropped it in to the bank yesterday! Just waiting to hear back now. I had no other option. I feel the whole thing is a sad end to something I thought had so much hope for.


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## Brendan Burgess (17 Apr 2012)

What is the "voluntary surrender form"? 

Did he make it out himself? 

Anthony Joyce, solicitor, told me that he has, on 4 occasions, represented clients on 4 occasions who were in deep negative equity. They put the house for sale and he asked the banks for permission to sell. When they refused, he threatened High Court proceedings and they all agreed.

I don't know the details of these cases and how widely applicabe this is. Other solicitors I have spoken to said that this was not a practical approach. I don't know who is right.

I would suggest that you put the property up for sale. Accept the best, most reasonable offer, and then if the lender refuses to approve the sale, they will be seen as impeding your efforts to sort yourself out. 

Having said that, it may be difficult to get an auctioneer to sell the property without the approval of the lender to sell.


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