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N244 Template Wording

N244 Form To Help Suspend Your Repossession Order

Proposal 2 Time To Sell
(Copy the Blue Text, Follow the instruction on the rust red colour text.)

“Should such an arrangement be deemed inappropriate, I respectfully request time to sell.”

Instruction… “I do have a proceed-able buyer/ my Estate Agent assures me that they have serious buyers (delete as appropriate)” ” who would purchase at a price that more than covers my lender’s charge and all the additional costs incurred.

Instruction>>>> If possible provide evidence in the form of Property Particulars, Estate Agent Letter, a Memorandum of Sale from Estate Agent, A solicitors letter or similar.

A period of time in the region of 2 months should be sufficient for the sale to complete. Due to my current equity, there will be no prejudice to my lender caused by the short delay. Thank you sincerely for your attention in these matters.”

Proposal 3 Previous Suspended Possession Order is now UP TO DATE
(use proposal 1 as fall back position)
Copy the Blue Text, Follow the instruction on the rust red colour text.

Part 3 of N244: I respectfully request to the court and to the honourable district judge that the order for possession be suspended because the previously granted suspended possession order is up to date.

I include background information and demonstrate affordability in part 10.

I have been advised that Suspension on the Eviction Warrant and Possession Order would be legitimate and an entirely reasonable request under Section 36 of the Administration of Justice Act.

Part 10 of N244:

“Dear Sir/ Madam, I have a Suspended Possession Order in place and I believe that this is entirely up to date (although a small number of payments were made late.) My mortgage lender’s legal representatives however have applied straight for an eviction warrant, which I think is entirely against the spirit of The FCA’s guidance for sympathetic treatment of borrowers in arrears.

I have tried on many occasions to discuss this with the lender’s staff who insist that I liase with the solicitors. Unfortunately the solicitors seem determined to escalate this matter (and their fees) unnecessarily.

For almost 2 years I have demonstrated affordability of my contractual mortgage payments, I have also proved my willingness and commitment to making those payments.

I respectfully suggest that it does not appear to be in either my lenders’ best interests, nor my family’s to evict and ultimately exercise sale of this property.

We are politely requesting that the payment arrangement be allowed to continue, now that it is up to date.

Since XX/XX/2014, just xx months ago, the sum of £xx,xxx has been paid towards the account whilst interest due has totalled around £xx,xxx, the arrears balance has reduced by around £xx,xxx.

The arrears is consistently reducing now by £xxxpcm and now equates to around x months arrears, significantly less than the historic arrears that had built up.

A lot has happened in the last 12 months, relating to payment track record on this account, demonstrating affordability and commitment to clearing the arrears.

By way of background, the arrangement is for contractual payments + £xxx contribution to arrears, to be paid, totalling £xxxx Although this is usually paid on the on or before the xxxrd day of each month, it has been paid later in some months. It is our intention that payments will always be paid on or before the xxx of each month as the importance of this due date is now understood. The next payment will therefore be made on or before xxx xxxx 2015.

Please advise us that you will not enforce eviction proceedings as the arrangement has been adhered to and will be adhered to even more rigorously in future.

Instruction>>>> Then insert Proposal 1 above as your fall back position seeking a new arrangement

Proposal 4, A Lump Sum of Money is Expected in the Near Future (with proposal 2 as fall back position)
Copy the Blue Text, Follow the instruction on the rust red colour text.

Part 3 of N244: I respectfully request to the court and to the honourable district judge that the order for possession be suspended for 3months to allow me enough time for receipt of a substantial sum of money which will allow me to clear my arrears in full as confirmed in Part 10.

Part 10 of N244:

“Dear Sir/ Madam, I deeply regret that my mortgage payments are now in arrears and that my lender has had to take the difficult step of pursuing repossession proceedings.”

Then mention any mitigation / reasons for arrears, if not serious, do not mention mitigation.

“I would like to request that the warrant for possession be suspended because I have a substantial amount of money coming to me which I will deploy to redeem the arrears to my lender in full.

Then mention exactly where the money is coming from and bring the evidence to the court hearing.

For example “I sadly lost my uncle and it has been confirmed that I will be inheriting £17,000, distribution of which will occur within the next 3 months. I attach a letter confirming this from the solicitor acting as executor.”

Proposal 2 – Your Fall Back Position / Plan B

“Should such a three month extension be deemed inappropriate, I respectfully request time to sell.”

Instruction>>> I do have a proceedable buyer/ my Estate Agent assures me that they have serious buyers (delete as appropriate)

” who would purchase at a price that more than covers my lender’s charge and all the additional costs incurred. A period of time in the region of 2 months should be sufficient. Due to my current equity, there will be no prejudice to my lender caused by the short delay Thank you sincerely for your attention in these matters.”

Copy the Blue Text, Follow the instruction on the rust red colour text.

Part 3 of N244:

I respectfully request to the court and to the honourable district judge that the order for possession be suspended for 3months to allow me enough time for receipt of a substantial sum of money which will allow me to clear my arrears in full as confirmed in Part 10. 

Part 10 of N244:

“Dear Sir/ Madam, I deeply regret that my mortgage payments are now in arrears and that my lender has had to take the difficult step of pursuing repossession proceedings.”

Then mention any mitigation / reasons for arrears, if not serious, do not mention mitigation.
“I would like to request that the warrant for possession be suspended because I have a substantial amount of money coming to me which I will deploy to redeem the arrears to my lender in full.
Then mention exactly where the money is coming from and bring the evidence to the court hearing.
For example “I sadly lost my uncle and it has been confirmed that I will be inheriting £17,000, distribution of which will occur within the next 3 months. I attach a letter confirming this from the solicitor acting as executor.”

Proposal 2 – Your Fall Back Position / Plan B
“Should such a three month extension be deemed inappropriate, I respectfully request time to sell.” I do have a proceed-able buyer/ my Estate Agent assures me that they have serious buyers (delete as appropriate) ” who would purchase at a price that more than covers my lender’s charge and all the additional costs incurred. A period of time in the region of 2 months should be sufficient. Due to my current equity, there will be no prejudice to my lender caused by the short delay Thank you sincerely for your attention in these matters.”

Proposal 5 Tenant in Occupancy

Part 3 of N244:

I respectfully request to the court and to the honourable district judge that the order for possession be suspended for 2 months to allow me enough time to find alternative accommodation and to bring the notice period in line with the notice that I would receive had I been a tenant authorised by my landlords mortgage lender. I have been advised that Suspension on the Eviction Warrant and Possession Order would be legitimate and an entirely reasonable request under the Mortgage Repossessions (Protection of Tenants etc) Act 2010.

Part 10 of N244:

Dear Sir/ Madam,

I am a current tenant of XXXXXXXXXXXXX. My tenancy started on XXXXXXXXXX and I paid my rent in advance up to / my rent is paid up to date. I received a Notice of Eviction on xxxxxxxxxxxxxxxxx, prior to this, I was entirely unaware of any proceedings regarding the property or that would put my home at risk.

I have filed this application at the earliest opportunity.
I have not made any earlier applications to the court.
I understand that the court will forward this application to the mortgage lender.
I now formally ask that the mortgagee gives an undertaking not to enforce the order for 2 months.

In this respect I respectfully inform the court that I satisfy the requirement to notify the mortgage lender as per 4 (b) of the Mortgage Repossessions Protection of Tenants Act 2010. In the event that the Mortgage Lender refuses to give such an undertaking under 4(c) of the Act, then I would ask that the judge at the hearing gives due consideration to my reasonable request for a 2 month extension to enable me to secure alternative accommodation.

I will suffer detriment and hardship if I am made to leave my home at such short notice without any prior warning. Particularly after paying rent in advance/deposit has meant that I do not have rent in advance and deposit again or ready yet and I will be homeless. If I am granted the 2 month extension, then I will be able to have enough funds, and time, to move to an alternative rental property. Thank you for your consideration.

If you need any more help please don’t hesitate to call us now! 0203 151 7468 or email: N244@croydonpropertybuyers.co.uk

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