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Will the bank repossess my house next month?

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  • 18-06-2018 3:22pm
    #1
    Registered Users Posts: 136 ✭✭


    I have a date with a county registrar on the 12th July, where the bank representative will be there for repossession of my home. The problem is I am going through divorce proceedings. The bank was not aware of this until I made them, and will not give me a reply if this changes the repossession or not.

    There is an offer on the house, I have signed no documents. They are ready to close. Issue is I am not sure if I should accept it or not because there is a mortgage that I would like to be paid by a settlement agreement in divorce settlement. If I go to the county register on the 13th and have not signed the document to let my house go to the person offering, will the bank repossess it or not?

    I need to know because I have got all different advice saying I could drag it out or I could sell, but I don't make enough to buy a new house if I sell at this point? but am scared that could get way worse if the bank does repossess on the 12th?

    Please any advice.


Comments

  • Registered Users Posts: 5,606 ✭✭✭schemingbohemia


    Is this your first appearance in court in relation to repossession? If so it is highly unlikely possession will be granted to the bank if not impossible.


  • Registered Users Posts: 136 ✭✭Acara


    The bank has given a year to come up with the arrears. I could stretch at the very limit to meet half of this but my husband who I am divorcing is unwilling to meet me half way or speak about it at all. I was going to force this to happen in divorce proceedings. This is my first time in front of the county registrar and am scared that they will say you have been given enough time and since you haven't come up with the arrears the bank will repossess it, if that happens I will be coming away with even less than I am. The county registrar has no idea of divorce proceedings since they were not told. Would I still be able to sell it to the buyer after the 12th July? or it could be taken off my hands?


  • Registered Users Posts: 5,606 ✭✭✭schemingbohemia


    You can't sell the house without the agreement of the Bank so you need to discuss that with them in any event. What does your solicitor say? This is getting into legal advice which isn't allowed here.


  • Registered Users Posts: 108 ✭✭Legalfarmer89


    If its your first time in front of the County Registrar they cannot repossess your property on that occasion. It will be a practice direction adjournment( if you have been served with the Civil Bill).

    Its probably best however if you seek the advice from a Solicitor or MABS. The MABS link is posted below and they often have a duty Solicitor at County Registrar Repossessions List who you may consult with on the day.

    https://www.mabs.ie/en/abhaile/abhaile_services.html

    Best of luck


  • Registered Users Posts: 6,769 ✭✭✭nuac


    Mod
    Talk to your solicitor
    Closed - forum rule on legal advice


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