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 Post subject: mortgage and repossession
PostPosted: Fri Apr 25, 2008 5:07 pm 
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Hello,
Whilst my uncle, who were in default of mortgage payments on his residence, were away on holiday, the mortgagee entered possession and made a quick sale, at an independent valuation of general market value, to the owner of the adjoining property. What can he do?

Many thanks.


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 Post subject: Re: mortgage and repossession
PostPosted: Fri Apr 25, 2008 7:34 pm 
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How long was the uncle on holiday for? Surely the lender would have had to have taken him to Court and got a repossession order first, otherwise the "quick sale" wouldn't be a legally valid one. :? Who is the lender, by the way?

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 Post subject: Re: mortgage and repossession
PostPosted: Fri Apr 25, 2008 8:15 pm 
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Hello Yogi Bear,
Thank you for replying my message so quickly :) . He was away on holiday for 4 weeks. I am not really sure about the court order, but i will ask him and will get more information about the lender. If we assume that there was a court order while he was away, do you think this would be a valid one as he did not receive the court order on time?


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 Post subject: Re: mortgage and repossession
PostPosted: Fri Apr 25, 2008 8:39 pm 
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He would have had umpteen rude letters from the lender first, I imagine. But then there would have been a Court claim and notice of the repossession proceedings, with a date for a hearing and if he didn't defend it, then the Court might have granted a possession order. But I'm struggling here trying to believe that all that could have taken place and a sale gone through, in the space of a four week holiday. Generally when people default on mortgages, it requires an eviction date to be set following the Court hearing and then takes months and months for the lender to get round to actually enforcing the repossession by selling the property. And it's all accompanied by a mountain of paperwork. This just doesn't add up. :?

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