Receiver appointed

[FDRM22]

My UB loan from 2006 was sold to VF in February. I made contact with bank in March to ask
if I needed to change my DD payment for new company, was on hold waiting for an arrears specialist to talk, but
couldn't hang on, the VF made an appointment with me for a week later to call me back, they never did, my mortgage was taken out for March
payment, and I thought I will call them back in a few weeks.
I live in United States, after 1 month I get a letter from them giving me 7 days to clear the arrears 3k and outstanding 120K!
or a receiver will be appointed, needless to say, I did not get the mail it was sent snail mail, even though It states CERTIFIED
which was not the case, my signature would be required. Because I had not responded within the 30 days, a receiver is appointed,
I missed 4 payments in 2011, UB never made any demands, I paid full payments for the rest of the 152 months. My stress level is going to give me heart attack.

 

[AnnMcM]

Hi,

First, certified post is proof the letter was sent as opposed to just printed, no signature is required. As it is still ordinary post so regular postal timelines to the United States.
Secondly, why had you not paid the 3,000 arrears prior to the letter of demand and have you paid it now.
Third, should you wish to keep the property, have cleared the arrears now and have the means I would suggest hiring a solicitor to contest the receiver. However, I will say that if arrears are present, a demand is made and the property is an investment property the owners of the loan are within the rights of the mortgage deed to appoint a receiver. While you may complain about lack of communication, it works both ways. While Ulster Bank may have been happy to not appoint a receiver in the last 8 years, they had the right to all those years given arrears were present. I have sympathy for your stress and the unfortunate situation. I would definitely suggest having a solicitor speak with the owner of your mortgage to try to come to a resolution. Do you have the finances or credit rating to borrower the 120k to clear the balance owed?

 

[Luternau]

Hi,

First, certified post is proof the letter was sent as opposed to just printed, no signature is required. As it is still ordinary post so regular postal timelines to the United States.

Not so sure about that. I get a letter every year from an OMC by ordinary post as notice of AGM with Certificate of Post on it. It's a spurious phrase. Where is the legal proof such a letter was ever sent to a specific address and received? There is none.

I would agree the OP needs to engage professionals and should have tried to regularise the arrears.

 

[AnneMa]

When sending something by certified post the postage office provide a postal slip stamped certified to the person sending the letter. That is the proof the letter is sent. As it is not a legal document and in fact only a demand letter, personal service and/or registered post is not a requirement.

 

[FDRM22]

Why state on demand letter, CERTIFIED when that was not the case.

 

[Brendan Burgess]

Why state on demand letter, CERTIFIED when that was not the case.

Why not pay the arrears when you could have done so and then you would not be trying to escape the consequences through minor academic arguments?

Brendan