Reposession without contact.

M

michaelg

Registered User
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182
Question for a friend

Can a bank reposess a house if the owner "A" is abroad and they cannot contact them ?
 
For a family home, the court must apply to the court for an order for repossession. You see ridiculous cases where the judge keeps telling the lender to try harder when they say that they have been unable to contact the borrower.

For a buy to let, if the mortgage agreement allows it, the lender can appoint a receiver.

Brendan
 
Most mortgage contracts include the ability to appoint a receiver if the contract is broken. The only exception where contact with the borrower is required is in respect of Family Homes as per Brendan's post above.
 
44Brendan & Brendan,

If spouse has not signed the Family Home Protection form, does that mean home is effectively un-repossessable? or does it just slow up matters?
 
FHPA form is generally signed by a spouse when the loan is granted in 1 name only. This would be extremely rare in a HL situation and I would imagine would only be applicable where a top up had been granted to an older mortgage. I don't imagine any bank has issued a mortgage to a maried person in their sole name in the past 20 years!!
 
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