Building society refusing to allow a sale to proceed. Seeking possession of the house.

[Lucyweeks]

My mortgage lender is refusing to allow a sale to proceed and obtained a eviction order .
I am submitting a N244 this morning, is there anything more I can do?

There was 12 months (2025) I could not pay. I have paid every month this year but I can't pay the extra as it's a short mortgage.
The person who has offered on the house attends to let it out .

Duty solicitor.
National debt line
Shelter

Have you ever applied for breathing space?

And if so is it more than 12 months since it ended?

What is the wording of the order from the last hearing? Are they entitled to possession?
Have you factored in their costs of enforcement into your calculation of what is owing?

If the order allows you to sell the property they would need to apply to court and to explain why the sale you have agreed is unsuitable. If it is suitable and they cause the buyer to walk away then that may be relevant to interest owing.

I'm finding it difficult to get clear information but you have an actual date of an eviction, don't you? And you're appealing against that?

However, from what you've said, it sounds as if your solicitor is giving good advice

So you've attached the memorandum of sale to the N244 - the judge will look favourably on that, but the lender will say that it's not a sale, it's just a possible sale, which is correct of course

I wish you the best of luck 💐

Op I think maybe you don’t understand the process.

when a repossession order is granted/served, this means the lender takes over your property, they then evict as they have legally taken it over. Once this is done, they sell to recover ghe debt, all their costs associates with the repossession and sale, and then give you the difference that is left .

as such, the moment the repossession order was granted, they had the legal rights to the home, not you.

at the moment the repossession order was served, you lost all legal rights to the home,

You’ve presumably had legal advice because you know that an N244 is required to try and suspend the Order to one on payment terms, but Shelter has some further info if not.

https://england.shelter.org.uk/professionalresources/legal/possessionandeviction/evictionoftenantsofmortgageborrowers

I dont have time to advise in detail, but you will need to provide the following with the N244 (and take it to your court hearing) as an absolute minimum:

-Reliable, detailed proof of the sale. Take the property listing advert, and any correspondence which confirms the agreed sale price and stage you’re at with the sale.

-A comprehensive income and expenditure form (check the CAB or a debt website for a good pro forma) showing that it is affordable for you to continue paying the mortgage in full for the time being. Take very recent evidence of your income to support this for at least a three month period - payslips, bank statements etc.

-In an ideal world, you’d also be paying an amount towards the arrears. The minimum generally considered acceptable is the ‘Norgan rate’, which is the total arrears divided by the mortgage term remaining. So, for example, if your arrears were £2000 and you had a 24 month term remaining, the minimum acceptable arrears repayment would be £83.33pcm.

-If you cannot afford to pay the mortgage in full at the very least while the sale proceeds, it’s going to be much harder for you to get a stay of execution, even if you do have considerable capital in the property. Clearly, this is because the sale isn’t guaranteed at this stage. I think your best bet at that point would be to clearly evidence what you can pay for the time being, and to make the obvious arguments about how you’re likely to cheat the debt quicker/ get a better price for the property etc if you, rather than the bank, can take charge if the sale.

Make sure you speak to the duty solicitor prior to your hearing, get there well in advance so they have time to assist you.

Good luck

Omg OP would you stop with the fucking drip feed. Just sit down and write a post about what's happened and what you want help with now. No one can make sense of your one word answers.

Thank you @scott2609

So you still have not paid the year of arrears plus interest. Just resuming to pay does not stop repossession if there was a gap. It sounds as if their charge has taken over the property and it is no longer yours to sell or occupy. If the sale is agreed presumably you have plans to move anyway.

Op why do you keep mentioning it’s a landlord, it’s not relevant. Are you trying to sell it to a landlord to allow you to rent it back and not move. This is highly unlikely as you will need to pass credit checks for rental, which you won’t, so the landlord will only rent to you if you pay up front, even then it’s unlikely.

unless you get a stay of execution and as it feels the eviction order is already granted, you will need to move out, have you planned this? Got somewhere to stay?

@Wickedlittledancer I have not secured a rental yet but I have been in contact with the local council.

The buyer will not be renting to me. I'm aware of my credit file.
My question was there anything I could do over and above the N244.

It’s just the form, a realistic repayment plan and proof of the sales process, a judge may suspend for the latter to allow time to complete.

Op, sadly your house has been repossessed and therefore no longer belongs to you. This means that any offer you may have had on the property is meaningless because you can no longer sell it - the mortgage lender owns it and it’s up to them to sell it.
Presumably you’ve had a lot of letters from the mortgage lender regarding your debt over at least 12 months - how long did you fail to pay your mortgage for initially and how much do you owe in full? Your house must be worth quite a lot if you were able to reduce the asking price by £100K.

@Soontobe60 that's not what the order said. We have communicated with the lender each month sending the stats from the agent.
My legal advice has been to put in the N244 and ask for more time to sell. I also checked this today.

I haven't had a lot of letters from the mortgage lender and I have been allowed to appoint the agents and the price was deemed fair by the judge.

There may be some info in this link that could help.
https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/mortgage_possession_proceedings

When did you go to court?

I went to court last year.

It sounds like you listed the property for sale at too high a price which may have been seen as you stalling for time as if it was on for an inflated price nobody was going to offer were they.

This thread has caused me a great deal of upset.
I wanted to know if there was any other action I should take over and above the N244. A few people have been very helpful. This is a desperate situation for us. I have a SEN young adult in the house and I have missed payments due to a cancer diagnosis and treatment plan. I am only just recovering.
Advice of course is gratefully received.

@pragmatismuniversalsentimentalist the house was valued by five agents. All stated a similar value in writing which was given to the court and building society.

@Lucyweeksif you have a SEN adult in the household and you’ve also had (or have cancer) take medical documents to which evidence this. Ultimately, it’s the affordability of the property which is the substantive matter for the court but it is always worthwhile to take relevant medical documents which demonstrate the hardship any occupiers would suffer if a warrant is executed.

OP, it's important to know the exact wording of the possession order.

It's also important to know how long, if any time, is left on the mortgage.

I suspect you're at, or near, the end of the mortgage term, which is why the court granted possession.

However, it is well worth applying to court on the N244 for a stay IF you have evidence that the property is well into the selling process. That would typically mean contracts are exchanged, or there is a solid date for exchange that is imminent. Your solicitor can write a letter stating this, and when completion is expected, and that will support your stay application.