Court action for repossession following probate?Make Text Bigger
I am very worried and hope that some of the property 118 members can advise me.
Long story short: I inherited a property from a close family member when she died. Pending and since probate was obtained I have continued to make all the mortgage payments (interest only mortgage) on the property out of my own funds and the property has been empty for some time, for various reasons, and there are no arrears other than the principal sum.
A few months ago (before probate was obtained) I was contacted by a firm of solicitors saying they were going to seek possession of the property as the mortgage had to be redeemed following death my family member. Following discussions direct with the mortgage company, (it seemed that various departments were not talking to each other) I was told no further action would be taken as grant of probate was imminent. I sent details of the grant of administration to them in November, with the closing remark (based on my conversations with their representative) “I understand you will contact me on receipt and we can proceed to conclude this matter in due course.” i.e. I would repay the mortgage in full.
I have heard absolutely nothing from them since sending the documentation: I was assuming that I would receive a redemption statement, and in fact I am actively in the process of refinancing with my mortgage broker and have started refurbishing the property. My plan was to have a new mortgage in place before letting the property.
However, completely out of the blue, this morning I have received in the post a pack of court papers saying there is a court hearing for repossession in early July.
Surely they should have sent me some paperwork prior to this, such as a redemption statement or Letter before Action? It seems very heavy-handed and unreasonable to apply to Court without telling me or giving me the opportunity to pay. Even if I can’t get my refinancing sorted within a short space of time, I could scrape money together to repay the mortgage if required.
I should be grateful for any advice as to whether and how I should respond to the Court papers, and whether I should apply to the mortgage company to get the necessary paperwork to repay the full amount? Or I could I just make a one-off or series of payments into the mortgage company account? I am looking for the easiest and quickest way to make this issue go away. If I could buy some time to conclude the refinancing that would be great, but really I just want to get rid of the court proceedings and minimise future hassle.
Could this proposed action prejudice my current and any future refinancing plans?
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