quick urgent question

[scoobydoo]

A friend is under a suspended possession order .As far a s I know they have been to court once and got suspended order for two months as the house was for sale.

They have a buyer but the two months is up this weekend. I have said they must try and appeal to the lender to not take possession. They do not have an exchange or completion date.

I have suggested a recorded letter to the lender confiming sale still going through and asking for more time - and also asking court for another quick hearing for more time. I guess they could ask the agent for some kind of letter to confim where the sale is at?

Any other suggestions?

[TUTTSI]

Re: quick urgent question

A friend is under a suspended possession order .As far a s I know they have been to court once and got suspended order for two months as the house was for sale.

They have a buyer but the two months is up this weekend. I have said they must try and appeal to the lender to not take possession. They do not have an exchange or completion date.

I have suggested a recorded letter to the lender confiming sale still going through and asking for more time - and also asking court for another quick hearing for more time. I guess they could ask the agent for some kind of letter to confim where the sale is at?

Any other suggestions?

Good idea to send a recorded delivery letter to the lender advising them that a sale is in progress and request extra time.

Just my thoughts, is is it worth getting them to go back to court for an extension of that order say for 3 months to alow for the sale to proceed smoothly.

[Amy]

Re: quick urgent question

I would suggest the filing of an N244 at court requesting a further hearing.

[Guest]

Re: quick urgent question

Possession is not automatic, despite the expiration of a suspended order. The lender would have to take action and will still need to obtain an eviction warrant, although this can be done without the need for a further hearing. Even at that stage, it is still possible to stop an eviction warrant, in particular if the house is for sale and a buyer has been found.

[scoobydoo]

Re: quick urgent question

I am getting some further info about what the suspended order said and suggested they get something in writing from the selling agent about the status of the sale and the buyer

I will get them to download the N244 to request a further hearing .

I will find out about the eviction warrant .They live in Devon and I have not got all the fact yet.

[Guest]

Re: quick urgent question

They will only need to use an N244 to request a hearing if the lender goes for an eviction warrant, which can be done without the need for a hearing, but the lenders do have to apply to the court in order that the warrant is issued.

At this point, should they wish to contest the eviction, they will need to apply for a hearing, using the N244.

[scoobydoo]

Re: quick urgent question

I think the reason that they think they will be out on Monday is that they have just given up and think that they might as well let the lender take possession.

I have put them right on that as I always think it is important to try and keep control of the sale price and costs if at all possible. Also I dont think they realise the lender can chase them for any monies due for the next 12 years.

Apparently the borrower is owed some money on a building job which would in fact pay the arrears - but that is subject to a court case as well and I dont think they can last that long.

As soon as I have any more facts I will post if necessary.

Thanks for help so far.

[Guest]

Re: quick urgent question

Apparently the borrower is owed some money on a building job which would in fact pay the arrears - but that is subject to a court case as well and I dont think they can last that long.

As soon as I have any more facts I will post if necessary.

Thanks for help so far.

This could help, depending on the reason that the money has not been paid and what the chances are of getting paid.

[scoobydoo]

Re: quick urgent question

They have managed to get a weeks extension to try and exchange .

Fingers crossed