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Encouraging attendance at court |
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The court attendance rate among homeowners and tenants is poor. Clients who fail to turn up often haven't had any advice on their situtation and can be very worried and unclear about what options are available to them or how they can remedy their situation. Clients have often told me that they were just too nervous to go to court or they were convinced that there was no hope that they would save their home so don't attend the hearing. These clients are surprised that so many cases can be relatively easily resolved by, for example, changing the mortgage type to interest only or maximising the client's benefit entitlement. Have you experienced any reluctance among your clients when faced with possession proceedings? What are the barriers to attendance and how can we improve attendance?
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Negative Equity |
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Negative equity is a problem for a lot of our clients at the moment. If a homeowner in negative equity cannot present a realistic, sustainable proposal at court, which shows how he or she can meet monthly payments and pay something towards the arrears, the court is likely to serve a possession order. In my experience, the lender's solicitor may come to court with a valuation of the defendant's property. These valuations can often be on the low side and will present the defendant as being in negative equity. Obtaining a realistic valuation from a reputable agent can therefore be an important tactic in your defence, allowing you to challenge the lender's valuation. It would be interesting to know how negative equity is affecting your work and your clients and to hear any suggestions or tips you have in this area.
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