this is true. my friend fell behind with her morgage, tryed to committ suiside. her morgage company took her to court,judge said she had until 24/4 to repay the £58000 she owed. found a buyer for £60000.now the morgage co want plus redemption fees.just the judges ruling count for nothing.

-- pamelawilson (ukpamelawilson@aol.com), February 21, 2004

Answers

Has your friend misunderstood? Usually when a mortgagee takes the mortgagor to court, it ends up with a suspended possession order and a suspended monetary judgment order for the whole of the mortgage debt including interest and other charges.

It would be wise to appeal if the possession was not suspended. You don't say how much arrears are - so it's difficult to judge how to advise on whether an appeal would succeed.

The mortgagees are entitled to the whole amount outstanding and their redemption fees. If they repossess the property, they are allowed to tag estate agents/selling/legal fees on as well as running interest. They may also then sell at a lot less than £60k as a forced sale and then come back on your friend for the shortfall - an oft related story on this website.

Get your friend in to a solicitor for some proper legal advice with all of the story told - urgently - this afternoon/tomorrow!!!!!!!!

-- David J. Button (davidjohnbutton@supanet.com), February 24, 2004.