Sorry to trouble all the readers of this site with a simple question. I am fighting Mortgage Express ober 28K shortfall. Their SARN response raises issues of severe mismanagement prior to sale, underselling etc. They have now passed this over to DLA Solicitors whilst not responding to our 'concerns' over the mismanagement. They say that 'as they have a money order judgement (when our home was repossed) we cannot argue over the amount or the way matters were handled'. Any suggestions are welcome. Keep up the good work all of you and thanks for the support.

Mike.

-- mike (mail@resdev.freeserve.co.uk), July 04, 2002

Answers

If the lender goes to court to repo your house, they can, at the time ask for a money judgement against you which would be for the arrears and their costs, that kind of thing. If there is a money order judgement against you, you can still appeal against it and ask for it to be set aside, I think you can also apply to the court for leave to defend. I had this happen to me, I got a judgement against someone who owe'd me and he got it set aside and leave to defend on the basis that he was on holiday when the summons arrived!!

If there is such a judgement then either ask the court for a copy of it, or ask DLA to provide a copy to you.

-- pendle (pendle_666@yahoo.co.uk), July 04, 2002.

just to let you know, you can ask the local court that the possession order was made at to see if a money judgment order was made at the same time ask for the civil listings dept and quote the case number , i did this only this week as my house repo'd in 94 and was told that a money judgment order only last 6 years (simple debt) You don't say how long ago the repo was good luck

-- amanda barton (amandab1@blueyonder.co.uk), July 20, 2002.

This is excellent news Amanda, if indeed the debt simple status (with no possibility of extension) has now been confirmed. The implication for many repossessees is that their lenders are out of time on shortfalls where a MJO was obtained over six years ago. Would the person who told you this confirm it in writing do you think?

-- Too scared to say (iwasduped@yahoo.com), July 20, 2002.

How about when they DON'T have a MJO. If they had got one and what Amanda says is correct, then I would be in the clear now. However, I know they didn't get one, so am I punished because they didn't bother to get one when they should have? This sounds like the lender can benefit from his own shoddy practice.

-- interested observer (bslforever@hotmail.com), July 28, 2002.