# Receiver being appointed  to family home by bank



## Maggs9 (26 Oct 2016)

Not straightforward.  In arrears with bank,  back in court in January,  bank looking to reprocess.  Deeds in my name only, I do not live there but my husband does, therefore family home.  It is the only house I own.  Got a letter from the bank that they are appointing a receiver to the property.  Think that they think I am renting. Have contacted the bank and informed them that it is family home (gone through this before a number of years ago when they changed the mortgage type to commercial,  after a years frustration got it changed back to residential)

Can the bank appoint a receiver in this way without a day in court to a family home?

Apart from contacting the bank and informing them that it is a family home again,  what can I do?

When a receiver is appointed,  do I get notice before they go to the house?

Does the receiver have powers to go into the house of change locks etc?


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## Ravima (26 Oct 2016)

You probably need legal advice.

Deeds are in your name, but you do not live in house. Your husband does. Are you separated/living apart? Have you children with your husband and are they living with him in the house?

How far in arrears are you? Are you making regular repayments?

Why was mortgage changed from residential to commercial? 

Is mortgage in your sole name or joint?

If you bought the house in your own name and mortgage is in your own name, was your husband ever part of the process with the bank at time of taking out mortgage?


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## TLO (28 Oct 2016)

Professional (paid for) legal advice is needed here.  In general, a family home cannot be repossessed without a court order, and this takes years.  With the confusion surrounding the status of this property, commercial versus family home etc, there is a real risk that a receiver is appointed (no court order needed) and that your husband quickly becomes homeless.  You need legal advice, and your husband needs his own legal advice as you are both living apart, and appear to be separated.


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## Maggs9 (1 Nov 2016)

that's what i needed many thanks


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