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Mortgage arrears - promise to pay

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  • 09-12-2017 9:26pm
    #1
    Dev84
    Banned (with Prison Access) Posts: 739 ✭✭✭


    Hi looking for some help here. Has anyone ever heard of the above? Have looked on google and no info there.

    Basically i have entered into a formal agreenment with my lender to overpay my mortgage by 500 per month in order to clear the arrears over 18 months. I am happy with this solution and thought they were too. I have made the first few payments off this. I havent missed a mortgage payment in 12 months.

    Yesterday evening i was served with a court summons for repossession next march in the district court.

    So my arrears are currently at 8000 and i am sticking to the terms of the promise to pay agreenment.

    Any help or previous experiences would be great.


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    #2
    ted1
    Registered Users Posts: 23,524 ✭✭✭✭ted1


    Best find a solicitor who specialises in the area.


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    #3
    punisher5112
    Registered Users Posts: 24,644 ✭✭✭✭punisher5112


    Bring all correspondents and maybe also consider getting a solicitor.

    I would write to the bank and ask why has the terms changed etc....


    You could also call citizens info and ask to speak to a solicitor as they do have access at times.


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    #4
    ted1
    Registered Users Posts: 23,524 ✭✭✭✭ted1


    Best find a solicitor who specialises in the area.


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    #5
    Dev84
    Banned (with Prison Access) Posts: 739 ✭✭✭Dev84


    ted1 wrote: »
    Best find a solicitor who specialises in the area.

    Thanks ted. I cant really afford one as i am trying my best to clear the arrears. I figure by March with a bit of luck ill have the arrears down to around 4500. I will contact mabs/abhaile monday.

    I have rang the bank today but its with their legal dept. Who arent there until monday.

    I also mailed the solicitor and stated that im in a formal arrangment with my lender.

    From what i can see the lender issued the repossession instruction to the solicitor before i entered intothe arrangement to over pay.


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    #6
    jimmycrackcorm
    Registered Users Posts: 14,339 ✭✭✭✭jimmycrackcorm


    Dev84 wrote: »
    Thanks ted. I cant really afford one as i am trying my best to clear the arrears. I figure by March with a bit of luck ill have the arrears down to around 4500. I will contact mabs/abhaile monday.

    I have rang the bank today but its with their legal dept. Who arent there until monday.

    I also mailed the solicitor and stated that im in a formal arrangment with my lender.

    From what i can see the lender issued the repossession instruction to the solicitor before i entered intothe arrangement to over pay.

    Wait until Monday. If you've been sticking to the agreement then their legal dept will know it's a waste of time following up with the summons.

    I wouldn't lose any sleep over this. No judge is going to countermand a working agreement made by the bank.


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    #7
    Dev84
    Banned (with Prison Access) Posts: 739 ✭✭✭Dev84


    jimmycrackcorm wrote: »
    Wait until Monday. If you've been sticking to the agreement then their legal dept will know it's a waste of time following up with the summons.

    I wouldn't lose any sleep over this. No judge is going to countermand a working agreement made by the bank.


    Thanks. Im physically sick at the thought of losing my home. I have 2 kids, one severely disabled and my wife. Im active in trying to pay down the arrears. It wont be an issue. I just need about 6 months.

    Its going aroud in my head that even if i pay the arrears and get the mortgage back on track they may still evict us.

    Terrified that I will see my family on the street.


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    #8
    punisher5112
    Registered Users Posts: 24,644 ✭✭✭✭punisher5112


    Dev84 wrote: »
    Thanks. Im physically sick at the thought of losing my home. I have 2 kids, one severely disabled and my wife. Im active in trying to pay down the arrears. It wont be an issue. I just need about 6 months.

    Its going aroud in my head that even if i pay the arrears and get the mortgage back on track they may still evict us.

    Terrified that I will see my family on the street.

    If you weren't paying and not staying in contact they would eventually get you out but as you have been fixing the issue and actually paying as above no judge would give an order.


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    #9
    Blazer
    Registered Users Posts: 17,434 ✭✭✭✭Blazer


    I wouldnt' worry about it mate..you're keeping on track and its over a small amount in the balance of things.
    Make absolutely sure you get a solicitor as advised above. You need to ensure that the bank have this sorted out and are following what ye agreed to.


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    #10
    Dev84
    Banned (with Prison Access) Posts: 739 ✭✭✭Dev84


    Blazer wrote: »
    I wouldnt' worry about it mate..you're keeping on track and its over a small amount in the balance of things.
    Make absolutely sure you get a solicitor as advised above. You need to ensure that the bank have this sorted out and are following what ye agreed to.

    Thanks. I have equity on the property which i think is why they may be forcing my hand. 180000 of a mortgage left. Im only 33 so will be able to service it.

    Just shocked to be served summons on my door step last night.A bit surreal actually. The server was laughing and joking. "Ah at least your not in negativity equity". "A nice corner site too".


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    #11
    Really Interested
    Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    Dev84 wrote: »
    Hi looking for some help here. Has anyone ever heard of the above? Have looked on google and no info there.

    Basically i have entered into a formal agreenment with my lender to overpay my mortgage by 500 per month in order to clear the arrears over 18 months. I am happy with this solution and thought they were too. I have made the first few payments off this. I havent missed a mortgage payment in 12 months.

    Yesterday evening i was served with a court summons for repossession next march in the district court.

    So my arrears are currently at 8000 and i am sticking to the terms of the promise to pay agreenment.

    Any help or previous experiences would be great.

    Are you sure it is District Court?


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    #12
    Dev84
    Banned (with Prison Access) Posts: 739 ✭✭✭Dev84


    Really Interested wrote: »
    Are you sure it is District Court?

    100 per cent. Naas.


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    #13
    Really Interested
    Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    Dev84 wrote: »
    100 per cent. Naas.

    And it is defo repossession?


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    #14
    Dev84
    Banned (with Prison Access) Posts: 739 ✭✭✭Dev84


    Really Interested wrote: »
    And it is defo repossession?

    Yes. Served me with deeds and mortgage contract etc.

    Arrears suport until confirmed on phone that they can see the arrangement in place to overpay until 2019 until arrears are clear. I even remember when putting the agreenment in place a guy from ptsb legal dept told me that if i stuck to the agreenent this wouldnt go any further.

    Im hoping its a miscommunication betweem them and their solicitor.


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    #15
    dubrov
    Registered Users Posts: 3,571 ✭✭✭dubrov


    It's clearly a mistake and they haven't processed the new agreement.
    If you are sticking to the terms they can't repossess.
    Just ring the bank on Monday.

    I wouldn't worry about repossession.
    Banks are failing to repossess houses where payments haven't been made in years.


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    #16
    Really Interested
    Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    Dev84 wrote: »
    Yes. Served me with deeds and mortgage contract etc.

    Arrears suport until confirmed on phone that they can see the arrangement in place to overpay until 2019 until arrears are clear. I even remember when putting the agreenment in place a guy from ptsb legal dept told me that if i stuck to the agreenent this wouldnt go any further.

    Im hoping its a miscommunication betweem them and their solicitor.

    But the District Court does not have power to order possession. So I can not understand how you have been served District Court proceedings.


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    #17
    Dev84
    Banned (with Prison Access) Posts: 739 ✭✭✭Dev84


    dubrov wrote: »
    It's clearly a mistake and they haven't processed the new agreement.
    If you are sticking to the terms they can't repossess.
    Just ring the bank on Monday.

    I wouldn't worry about repossession.
    Banks are failing to repossess houses where payments haven't been made in years.

    Thanks for all the comments. I know i cant get legal advice here which is a good thing but piece of mind is important also.


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    #18
    Really Interested
    Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    dubrov wrote: »
    It's clearly a mistake and they haven't processed the new agreement.
    If you are sticking to the terms they can't repossess.
    Just ring the bank on Monday.

    I wouldn't worry about repossession.
    Banks are failing to repossess houses where payments haven't been made in years.

    In cases of no payments I can assure you the courts are ordering possession, I have seen many such order granted.


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    #19
    lukesmom
    Registered Users Posts: 4,400 ✭✭✭lukesmom


    It definitely sounds like a miscommunication on their part. Try not to worry too much about it. You know that you have stuck to the plan that was agreed. They seem to have changed but like I said I'm sure it's a miscommunication. Even if it goes to court, the judge will rule in your favour based on the agreement.


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    #20
    Dev84
    Banned (with Prison Access) Posts: 739 ✭✭✭Dev84


    Really Interested wrote: »
    But the District Court does not have power to order possession. So I can not understand how you have been served District Court proceedings.

    Google it. Plenty of district courts seem to be doing it.


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    #21
    Really Interested
    Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    Dev84 wrote: »
    Google it. Plenty of district courts seem to be doing it.

    Can you give me one link to a District Court giving possession.


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    #22
    Dev84
    Banned (with Prison Access) Posts: 739 ✭✭✭Dev84


    Really Interested wrote: »
    Can you give me one link to a District Court giving possession.

    Sorry my bad. Its the circuit court.


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    #23
    Really Interested
    Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    Dev84 wrote: »
    Sorry my bad. Its the circuit court.

    That’s why I asked, no use turning up in wrong place.

    Make sure you ring the solicitor for bank, on Monday. If they say matter is going ahead in March, inform them that you have agreed to pay x and have done so. Have copy of bank statements with you so you can give dates etc. Inform the bank that if they go ahead with matter you will have no option but to instruct solicitor and you will seek a order from County Reg or Judge to get the bank to pay your costs.

    Then go to solicitor with all your paperwork and ask them to look after the matter, make sure you pay payments from now till March and keep record of same.


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    #24
    sameoldsameold
    Registered Users Posts: 4 ✭sameoldsameold


    Hi,
    Not a legal or mortgage expert, but have been in mortgage arrears and have come out the other side, so I just wanted to offer a bit of support.We were at the end of our tether, we were worried sick, thoughts of being homeless. We were in mortgage arrears much bigger than what you have said, we worked with the bank for a few years, paying what we could. When we were finally in a position to repay full monthly amount (retraining, higher quals, extra work etc) we applied for an ara it was refused and received a letter to say that basically we had only option of selling up to repay the debt. We got on to MABS who while we didn't need lots of help, they acted on our behalf, helped us, made us feel a whole lot better. Anyway 18 months on, we have a new mortgage agreement, no longer in debt, as the arrears were capitalized and in a much better position, we are still paying our full debt just over a different period. Please call MABS, it's a free service. We were told if you are paying, it is very unlikely a judge will put you out of your home. I have been here, it is stressful, worrying, depressing and even life threatening, but there is light at the end of the tunnel. xx


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    #25
    Dev84
    Banned (with Prison Access) Posts: 739 ✭✭✭Dev84


    Really Interested wrote: »
    That’s why I asked, no use turning up in wrong place.

    Make sure you ring the solicitor for bank, on Monday. If they say matter is going ahead in March, inform them that you have agreed to pay x and have done so. Have copy of bank statements with you so you can give dates etc. Inform the bank that if they go ahead with matter you will have no option but to instruct solicitor and you will seek a order from County Reg or Judge to get the bank to pay your costs.

    Then go to solicitor with all your paperwork and ask them to look after the matter, make sure you pay payments from now till March and keep record of same.

    Thanks
    Will it help if i overpay or pay all arrears off by march?


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    #26
    Really Interested
    Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    Dev84 wrote: »
    Thanks
    Will it help if i overpay or pay all arrears off by march?

    That would be giving legal advice. But of course having no arrears usually would not hurt your argument.


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    #27
    Sleeper12
    Registered Users Posts: 17,070 ✭✭✭✭Sleeper12


    Obviously get professional advice on this but Your arrears are only 8k & you are paying an extra 500 per month. Your lender is going to look stupid in court imo


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    #28
    Really Interested
    Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    Sleeper12 wrote: »
    Obviously get professional advice on this but Your arrears are only 8k & you are paying an extra 500 per month. Your lender is going to look stupid in court imo

    I would agree, and many judges happy to give a bank a little costs kicking.


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    #29
    Dev84
    Banned (with Prison Access) Posts: 739 ✭✭✭Dev84


    I really appreciate the advice folks. Might sleep a little easier tonight. The papers i was served with just dont tell the full story. My arrears have not risen since December 2016 yet the bank is saying that i havent tried to communicate with them.
    I have filled out 2 sfs this year alone. Each time ptsb came back and said they couldnt offer an alternative payment option as the monthly payments were affordable.

    Looking at some of the dates on the papers they were prepared before i entered into this arrangement.

    The solicitors have always told me that until i reach an agreenment woth the bank legal proceedings will continue.


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    #30
    dubrov
    Registered Users Posts: 3,571 ✭✭✭dubrov


    Really Interested wrote: »
    In cases of no payments I can assure you the courts are ordering possession, I have seen many such order granted.

    I know orders have been granted but generally they are for properties where there has been no engagement from the borrower at all.

    Have you seen many orders granted in situations where the borrower engages, pays nothing for a year and starts paying about 1/2 months before the case is in court?


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    #31
    sameoldsameold
    Registered Users Posts: 4 ✭sameoldsameold


    Please contact MABS, you will have access to professional and legal advice for free, the last thing you need to is another legal bill. On the first communication with the bank, we had misinterpreted the information although it clearly said, they were issuing legal proceedings and that we must sell your home. The MABS representative told us the first court date is always adjourned. Please as one who has lived this, there is a way.......

    MABS 0761 07 2000


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