Landlord not paying mortgage on property I am renting

[PlanB]

Re: Landlord not paying mortgage on property I am renting

think you need the home report for the mortgage, all the lenders have to have a uptodate home report from a panel surveyor for the area which the seller pays for.

Unless the buyer is willing to pay for it and knock the cost off the agreed purchase price.

My buyer is paying for the estate agent's commission. I even got one buyer to pay my removal van costs.

Anything is possible if you negotiate hard enough.

[MrsD]

Re: Landlord not paying mortgage on property I am renting

unfortunately in Scotland, no home report = no mortgage, no one will give you a mortgage without it, some won't even give you a mortgage with it!

I don't suppose the banks would care who paid for it, but I would be wary or paying for someone else's HR, because part of it has to be completed by the homeowner.

[PlanB]

Re: Landlord not paying mortgage on property I am renting

I don't suppose the banks would care who paid for it, but I would be wary or paying for someone else's HR, because part of it has to be completed by the homeowner.

I agree banks won't care who pays for the Home Report.

If the homeowner lies or fails to disclose relevant facts in the part they are required to complete on the HR then I expect they would be guilty of misrepresentation not the person who funded the cost of the report.

unfortunately in Scotland, no home report = no mortgage, no one will give you a mortgage without it, some won't even give you a mortgage with it!.

I wonder if you're referring to a Mortgage Valuation Report which is different to a Home Report. According to this website there are many agents out there who con sellers into thinking they need to provide both when it's the purchaser who needs to to provide/pay for the MVR not the seller.

http://www.homereportmyths.com/wall-of-shame.php

[PlanB]

Re: Landlord not paying mortgage on property I am renting

I have just received this response email from the Mortgage Lenders Solicitor

We refer again to your email of 9th April. As you are aware, proceedings have been raised against your landlord and the matter will call in Sheriff Court on 22nd April. We have instructions from our clients to seek Decree for possession at that hearing. Provided we are successful in doing so, our instructions are then to issue you with Notice to Quit which will give you a two month period in which to vacate the property. If you are still resident in the property on expiry of that two month notice period, our instructions will be to raise an action of ejection again you to enable our clients to obtain vacant possession of the property. Our clients are unable to take possession of the property with you as a sitting tenant and are unable to sell the property to you without first marketing it for sale on the open market.

Millie you've told all and sundry that you currently live in the property with your young son, you have a tenancy agreement which doesn't expire until 30th October 2015, you're willing to pay rent to the relevant owner (Landlady or Lender) and you're interested in purchasing the property.

So far that seems to have fallen on deaf ears when I re-read the above email from the Lender's solicitor, and can see that you've had no response from The Mortgage Trust.

It occurs to me that the only person you haven't told is the Judge/Sheriff who will actually be the person who indirectly decides your fate.

You are not party to the proceedings (they're between the Lender and the Landlady) so you don't really have a voice in court.

However the Judge/Sheriff is not psychic. If nobody tells him the situation then he won't know the facts will he?

Reading the solicitor's email to you it seems they're hell bent on getting possession and evicting you. You cannot count on them telling the court your situation or even the fact that you are willing to pay money to someone somewhere so the Lender's position will not be prejudiced if you're allowed to stay at least until the end of your tenancy agreement (Oct). In fact having you in the property paying rent will only better their position.

Consider whether a letter to the court attaching copies of your emails to The Mortgage Trust and their solicitors may be wise. Mark it urgent with the case reference etc and send by email. Than call the court and tell them to look out for your email and ask them respectfully to pass it to the Judge/Sheriff who will be handling the case on Wednesday.

Then copy the whole shebang to the Lender, their solicitor and the Agent.

My approach? If you don't ask you don't get.

Plan B x

[MrsD]

Re: Landlord not paying mortgage on property I am renting

I agree banks won't care who pays for the Home Report.

If the homeowner lies or fails to disclose relevant facts in the part they are required to complete on the HR then I expect they would be guilty of misrepresentation not the person who funded the cost of the report.



I wonder if you're referring to a Mortgage Valuation Report which is different to a Home Report. According to this website there are many agents out there who con sellers into thinking they need to provide both when it's the purchaser who needs to to provide/pay for the MVR not the seller.

http://www.homereportmyths.com/wall-of-shame.php

these are different things, the Home Report is a necessity, and it is divided into several parts, one of which is the mortgage valuation. there are various other spurious bits which make up the home report. as a prospective buyer you need to see it all, it should give you a full picture of the house you are looking at or buying allegedly In point of fact it's all a complete footer for not a lot other than various people making a lot of money out of it. None of them being the seller.

nothing to stop Millie talking to the landlord to find out her intentions, remember the legal system is possibly washing over her as well.

[PlanB]

Re: Landlord not paying mortgage on property I am renting

the Home Report is a necessity

Not if you're selling privately without marketing the property when it isn't a legal necessity or requirement, as would be the case if Millie were to make an offer to buy the property direct from her Landlady.

I'm beginning to repeat myself here so it's probably best for me to shut up now

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

Millie you've told all and sundry that you currently live in the property with your young son, you have a tenancy agreement which doesn't expire until 30th October 2015, you're willing to pay rent to the relevant owner (Landlady or Lender) and you're interested in purchasing the property.

So far that seems to have fallen on deaf ears when I re-read the above email from the Lender's solicitor, and can see that you've had no response from The Mortgage Trust.

It occurs to me that the only person you haven't told is the Judge/Sheriff who will actually be the person who indirectly decides your fate.

You are not party to the proceedings (they're between the Lender and the Landlady) so you don't really have a voice in court.

However the Judge/Sheriff is not psychic. If nobody tells him the situation then he won't know the facts will he?

My approach? If you don't ask you don't get.

Plan B x

PlanB where would I be without you....


I have sent the following email to the court along with a copy of my tenancy agreement and the emails which I previously sent to the lender and the lenders solicitor.

FAO Sheriff calling at court Wednesday 22nd April

Mortgage Trust Ltd against Mrs Landlord


Dear Sheriff

I am writing to you as the last resort.

I separated from my husband and moved into this rented property 1st November 2014 to give me time to decide my future and be close by my family. I rented this property being told by the letting agent that this would be a long term lease if required.

To make this place habitable for myself and my 12 year old son I had to have the full place painted, new bedroom carpets, new bathroom and ensuite linoleum, new bath panel and other sundry fittings I have spent the guts of £1000. as I was told this would be a long term let.

I have faithfully paid my rent each month to the letting agent however I now find myself in this position with this case calling at court today, Shelter Scotland has been involved as this being my first time in rented property I never knew my rights and the letting agent were not understanding the Scottish law of tacit relocate duplicate.

I have written the attached emails to the lender and the lenders solicitor however I feel my offers have fallen on deaf ears.

I have a current tenancy agreement which has tacit relocated to 31st October 2015 which I have attached below.

As a single parent who is holding down a full-time job to support myself and my son I am asking that when making your decision today you take into account the offers which I have made and the situation we find ourselves in.

I have not had a response from Mortgage Trust however it would appear that the lenders solicitor is hell bent on having me evicted which is very disappointing.

I would appreciate if I can be told the outcome of today's court case.

Yours sincerely

MilliesMadMother

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

I'm a glass half full not half empty girl

I love this, this is me on a normal day!


By the end of this thread either everyone will be sick of listening to me or they will have learnt another wee thing like me!

[PlanB]

Re: Landlord not paying mortgage on property I am renting

What are heart-melting letter

Millie's emailed to say the court confirmed her letter will definitely be passed to the court dealing with the case today. Let's hope the Sheriff (Judge) is a woman and a mother.

MMM don't worry if the property is repossessed today because you've given it your best shot and there's always a Plan B Everything happens for a reason.

PlanB where would I be without you....

Living in a cardboard box with a bottle of fine wine

[cymruambyth]

Re: Landlord not paying mortgage on property I am renting

And wearing a nice pair of expensive shoes

Fingers crossed for today.

[Never-In-Doubt]

Re: Landlord not paying mortgage on property I am renting

Let's hope the Sheriff (Judge) is a woman and a mother.

Women are ice maidens

[PlanB]

Re: Landlord not paying mortgage on property I am renting

Women are ice maidens

Go away. This thread is for empathetic Girl Talk only

[The Tech Clerk]

Re: Landlord not paying mortgage on property I am renting

ande

[nanna58]

Re: Landlord not paying mortgage on property I am renting

Women are ice maidens

OI YOU .....think you now owe us all a pair of very expensive shoes

[The Tech Clerk]

Re: Landlord not paying mortgage on property I am renting

Women are ice maidens

OI YOU .....think you now owe us all a pair of very expensive shoes

Nah!!!!!!!!!!!!!!!! Imelda & my missus have them all!