About to lose my home

The_Morrigan · 24-07-2014 1:11pm

vaperous diabolous wrote: »

I think that may have passed this month

Knowledge of the offence is fairly recent though, that could work in your favour.

HelenV · 24-07-2014 1:20pm

vaperous diabolous wrote: »

Very good point. I may take it to a solicitor tomorrow.

Have his lies on your application had a negative impact on you? What would be the purpose of seeking legal advice?

vaperous diabolous · 24-07-2014 1:29pm

HelenV wrote: »

Have his lies on your application had a negative impact on you? What would be the purpose of seeking legal advice?

The whole way through the application he told me I'd be well able to afford the mortgage and that my income shouldn't prevent from getting the mortgage. Had he not forged this document, I wouldn't have gotten this mortgage and would happily be living my life without the cloud of bankruptcy following me everywhere I go. I did speak to new beginnings this morning and they told me that bankruptcy was basically my only option as I can't even afford a personal insolvency plan.

HelenV · 24-07-2014 1:42pm

vaperous diabolous wrote: »

The whole way through the application he told me I'd be well able to afford the mortgage and that my income shouldn't prevent from getting the mortgage. Had he not forged this document, I wouldn't have gotten this mortgage and would happily be living my life without the cloud of bankruptcy following me everywhere I go. I did speak to new beginnings this morning and they told me that bankruptcy was basically my only option as I can't even afford a personal insolvency plan.

Ah sorry, I had overlooked your earlier posts.

I'm all in favour of justice and fighting tooth and nail for it. If you can prove you weren't complicit I'd go for it hell for leather. You'd need a GOOD legal representative so be sure to ask around before jumping in. You could get Counsel's Opinion just to test the waters.

I've had to take on the "system" against all the odds a few years ago. We went as far as the court hearing before they finally conceded defeat.

Shedite27 · 24-07-2014 1:43pm

vaperous diabolous wrote: »

I'll tell you how I got my mortgage. My broker faked a document which stated that I, a father of 4 children with a partner at the time, would let out 2 rooms in my 3 bedroom house for€550 a month between them. I know this because I asked for copies all my documents some time ago and instead of just copies I was given the originals also. In going through them, I found this document.

How a bank actually believed that a father of 4 would take out a mortgage only to let out the rooms which were earmarked for his children beggars belief.

Did you (the applicant) not have to sign the documents before they were sent to the bank?

vaperous diabolous · 24-07-2014 1:48pm

Shedite27 wrote: »

Did you (the applicant) not have to sign the documents before they were sent to the bank?

Yes I did, but this document was never signed by me. It wasn't even a document within the application pack. It was a typed letter. As I say, I only have one copy of this document, every other document is there in original with duplicate copies as well as triplicate in some instances. This particular document is only in copy form, not an original.

iguana · 24-07-2014 2:05pm

eviltwin wrote: »

You're a real piece of work kicking someone who is down. Not everyone facing repossession is not paying. I'm going to court tomorrow as the bank want my home, we cover the mortgage plus a proportion of the arrears each month without fail, our arrears will be cleared by Christmas but its not enough for the bank so we face the cost and stress of a court appearance. Its not our fault that houses prices have gone sky high again.

I know this isn't your thread but I couldn't ignore this. That's an unbelievable situation and completely f'n ridiculous. I do understand why banks will move to repossess a house in as situation where it appears that the mortgage will not ever be paid off. But in a case where there is a pattern showing that the arrears are only a few months away from being eliminated I really can't see any logic in bringing you to court. I can only hope that the judge not only finds in your favour but awards costs against the bank.

youtube! · 24-07-2014 2:18pm

iguana wrote: »

I know this isn't your thread but I couldn't ignore this. That's an unbelievable situation and completely f'n ridiculous. I do understand why banks will move to repossess a house in as situation where it appears that the mortgage will not ever be paid off. But in a case where there is a pattern showing that the arrears are only a few months away from being eliminated I really can't see any logic in bringing you to court. I can only hope that the judge not only finds in your favour but awards costs against the bank.

I also find that situation absolutely crazy! Can I ask you eviltwin to name and shame your bank? My own situation is that I am with KBC and they have been more than helpful to be fair. When it became apparent that I could not afford the full mortgage they met with me and offered me several options which I will list below.

1) If we were to decide to give the house back that they would cover all of our moving expenses AND pay rent for a period of 6-12 months until we were back on our feet.

2) Split mortgage. Basically park half of our debt for 20 years and continue to pay 50% of of our liability, this would be reviewed every 2 years thereafter .

3) Arrears to be recapitalised and a new longer term which would bring our repayments down.

4) Finally they told us that the last thing they wanted to do was to actually end up in court and go through the repossession process because in the words of the man who met with us "we are in the business of providing finance for people to buy houses...we are not auctioneers" So Basically this last option was for us to surrender the house before it got any worse.

We chose option 2 (split mortgage) and we can now move on with our lives .

The_Morrigan · 24-07-2014 2:26pm

youtube! wrote: »

I also find that situation absolutely crazy! Can I ask you eviltwin to name and shame your bank? My own situation is that I am with KBC and they have been more than helpful to be fair. When it became apparent that I could not afford the full mortgage they met with me and offered me several options which I will list below.

1) If we were to decide to give the house back that they would cover all of our moving expenses AND pay rent for a period of 6-12 months until we were back on our feet.

2) Split mortgage. Basically park half of our debt for 20 years and continue to pay 50% of of our liability, this would be reviewed every 2 years thereafter .

3) Arrears to be recapitalised and a new longer term which would bring our repayments down.

4) Finally they told us that the last thing they wanted to do was to actually end up in court and go through the repossession process because in the words of the man who met with us "we are in the business of providing finance for people to buy houses...we are not auctioneers" So Basically this last option was for us to surrender the house before it got any worse.

We chose option 2 (split mortgage) and we can now move on with our lives .

No you can't!

youtube! · 24-07-2014 2:30pm

The_Morrigan wrote: »

No you can't!

Well why the hell not?? Its reprehensible the way his bank have acted , obviously you have vested interests why else would you care??

HelenV · 24-07-2014 2:33pm

youtube! wrote: »

I also find that situation absolutely crazy! Can I ask you eviltwin to name and shame your bank? My own situation is that I am with KBC and they have been more than helpful to be fair. When it became apparent that I could not afford the full mortgage they met with me and offered me several options which I will list below.

1) If we were to decide to give the house back that they would cover all of our moving expenses AND pay rent for a period of 6-12 months until we were back on our feet.

2) Split mortgage. Basically park half of our debt for 20 years and continue to pay 50% of of our liability, this would be reviewed every 2 years thereafter .

3) Arrears to be recapitalised and a new longer term which would bring our repayments down.

4) Finally they told us that the last thing they wanted to do was to actually end up in court and go through the repossession process because in the words of the man who met with us "we are in the business of providing finance for people to buy houses...we are not auctioneers" So Basically this last option was for us to surrender the house before it got any worse.

We chose option 2 (split mortgage) and we can now move on with our lives .

If they're charging interest on the 'parked' part they're in a win win situation. No legal advice / representation I presume?

The_Morrigan · 24-07-2014 2:34pm

youtube! wrote: »

Well why the hell not?? Its reprehensible the way his bank have acted , obviously you have vested interests why else would you care??

Firstly, that is a moderation instruction and is to be adhered to, not argued with on thread - that is a breach of the forum charter and the site rules.
Secondly, because we don't want any posts that may be potentially libelous on here because Boards.ie is a legal entity and can be sued.
Thirdly, don't make accusations against posters again or your time here will be short lived. If you had bothered to read the thread you would know I'm unemployed.

youtube! · 24-07-2014 2:37pm

HelenV wrote: »

If they're charging interest on the 'parked' part they're in a win win situation. No legal advice / representation I presume?

No interest is being charged . It is parked in totality . Look I know the banks always win out but this deal was the best we could have hoped for simply put it enables us to stay in our home for the forseeable future.

MugMugs · 24-07-2014 3:10pm

Hi OP.

Gutted to read your post. I really am.

Whilst I am not in that position I can't imagine I will be far from it when TRS and rates increase over time. I'm taking measures now to prevent that impacting me and that is getting out there to make extra money and potentially and hopefully found a good business along with my current job.

I can't offer you advice only empathise with you completely. Take care of yourself and look after yourself. There are organisations there to support you through this both emotionally and with sound advice.

Mugs

eviltwin · 24-07-2014 4:22pm

iguana wrote: »

I know this isn't your thread but I couldn't ignore this. That's an unbelievable situation and completely f'n ridiculous. I do understand why banks will move to repossess a house in as situation where it appears that the mortgage will not ever be paid off. But in a case where there is a pattern showing that the arrears are only a few months away from being eliminated I really can't see any logic in bringing you to court. I can only hope that the judge not only finds in your favour but awards costs against the bank.

Thanks Iguana. I can't understand why they are so intent on taking the house, its not exactly a palace

and is in negative equity to boot. Our arrears are only 2500 euros, we're not looking for any write off or anything like that, just an opportunity to pay it back over time rather than in the lump sum they are insisting on.

We went in today hoping that it would be stuck out but it wasn't so we have to go back in Dec. I just feel at the moment like I can't even breathe so I can only imagine the stress the OP and others with massive debt feel.

El_Dangeroso · 24-07-2014 4:30pm

eviltwin wrote: »

Thanks Iguana. I can't understand why they are so intent on taking the house, its not exactly a palace and is in negative equity to boot. Our arrears are only 2500 euros, we're not looking for any write off or anything like that, just an opportunity to pay it back over time rather than in the lump sum they are insisting on.

We went in today hoping that it would be stuck out but it wasn't so we have to go back in Dec. I just feel at the moment like I can't even breathe so I can only imagine the stress the OP and others with massive debt feel.

At least in Dec you will be close to clearing the arrears, I would hope that a judge would see that and act accordingly. Best of luck!

vaperous diabolous · 24-07-2014 4:32pm

I had a look at the citizens info about repossessions. Seemingly, every time it comes before the court for the first 8 months of proceedings it will be adjourned as there can be no orders granted in that time frame. If you haven't returned your affidavit of defence then you have no right to argue the repossession, but even if you have, as far as I can see, you're still not allowed to argue it. Can't remember where I saw this but judges/registrars are required to give a few months of a stay of execution of the possession order with 6 months being the minimum for the most part and sometimes 9 or 12 months are granted

Stheno · 24-07-2014 9:05pm

eviltwin wrote: »

Thanks Iguana. I can't understand why they are so intent on taking the house, its not exactly a palace and is in negative equity to boot. Our arrears are only 2500 euros, we're not looking for any write off or anything like that, just an opportunity to pay it back over time rather than in the lump sum they are insisting on.

We went in today hoping that it would be stuck out but it wasn't so we have to go back in Dec. I just feel at the moment like I can't even breathe so I can only imagine the stress the OP and others with massive debt feel.

Did your lender ever suggest recapitalising the arrears? I think that's what it's called, it's where they increase the mortgage amount by the arrears and you revert to normal payments?

eviltwin · 25-07-2014 9:30am

Stheno wrote: »

Did your lender ever suggest recapitalising the arrears? I think that's what it's called, it's where they increase the mortgage amount by the arrears and you revert to normal payments?

No, they haven't offered any suggestions at all. They haven't spoken to us in months, everything is via their solicitor now. Our own solicitor who deals with a lot of cases of this type is stumped by their attitude and the way they are going about it given that the amount of arrears is so small and that they can see by the pattern of payments that we'll have them cleared in the next 5 months.

HelenV · 25-07-2014 9:36am

eviltwin wrote: »

No, they haven't offered any suggestions at all. They haven't spoken to us in months, everything is via their solicitor now. Our own solicitor who deals with a lot of cases of this type is stumped by their attitude and the way they are going about it given that the amount of arrears is so small and that they can see by the pattern of payments that we'll have them cleared in the next 5 months.

Are you just receiving threatening letters from the bank or have they actually commenced repossession proceedings?

eviltwin · 25-07-2014 9:52am

HelenV wrote: »

Are you just receiving threatening letters from the bank or have they actually commenced repossession proceedings?

They've already started, we were in court yesterday for the first time, its been adjourned until Dec.

HelenV · 25-07-2014 9:58am

eviltwin wrote: »

They've already started, we were in court yesterday for the first time, its been adjourned until Dec.

Judges are far more sympathetic than banks. Hopefully it'll be adjourned again in Dec and again in April etc. etc. 'till you're sorted.

Best of luck

whomitconcerns · 25-07-2014 1:18pm

eviltwin wrote: »

Thanks Iguana. I can't understand why they are so intent on taking the house, its not exactly a palace and is in negative equity to boot. Our arrears are only 2500 euros, we're not looking for any write off or anything like that, just an opportunity to pay it back over time rather than in the lump sum they are insisting on.

We went in today hoping that it would be stuck out but it wasn't so we have to go back in Dec. I just feel at the moment like I can't even breathe so I can only imagine the stress the OP and others with massive debt feel.

Normally I am on the pay up or move out fence... Hence I stay out of these threads only get in trouble :P.. But the above is ridiculous... They are doing all that to you for a tiny percentage of a mortgage!!!! Now that's unacceptable.. I hope it gets resolved for you

About to lose my home

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