Facing repossession even though there are no arears?

jimmymacd

My 66 year old neighbour is in an awkward position.
His long term partner died suddenly in 2023 leaving the house to the partners estranged Daughter. He contested the Will as he had invested time and money into the property. The Court ruled 50/50 split and at the same time put in the order that neither party could take a loan against the property. A massive oversight by his Solicitor meant that He had been lumbered with the mortgage payments and costs for preparing and selling the house.
The house went on the market but unfortunately the mortgage ended with the Halifax a few months later and although he has been paying the interest only payments of £900 a month the Halifax via a third party have given notice to evict and seem unwilling to grant a mortgage extension until the house has sold, although their claim is only 25% of the value?
If the Halifax does not recognise an existing contract, why have they been taking the payments for over a year?
The House is very saleable, he had it listed with a specialist agent but only six viewings, resulting in four offers but the buyers were unable to complete. It is now on with a mainstream agent who is very positive that the house will sell fast.
He has a Solicitor involved who seems worse than useless and a financial advisor keen to sell him loan products. In the first instance he needs to put the looming eviction on hold and then push the Halifax for a reason why they won't extend the mortgage, which he is able to cover each month?
It seems really unfair and I feel the Halifax has a certain duty of care to not see a Pensioner out on the streets and his nest egg being thrown away at auction? It is hard to get advice on this situation as most mortgage and eviction issues relate to arears? Any help would be appreciated?
   

Brie

Can he (with your help??) contact the bank's vulnerable care team?  If that doesn't work then I'd go for a letter to the CEO.  Maybe make a comment about "what would the papers say about how you're treating a pensioner?"

Isthisforreal99

So, to be clear, when did the mortgage term effectively end? It may actually be the case it ended in 2023 when the partner passed, unless it was a joint mortgage?

It's not clear either how he was 'lumbered' with the payments but paying the interest was merely delaying the inevitable.

Brie said:

Can he (with your help??) contact the bank's vulnerable care team?  If that doesn't work then I'd go for a letter to the CEO.  Maybe make a comment about "what would the papers say about how you're treating a pensioner?"

You know he is vulnerable how? He is 66 and no mention off ill health and pay £900pm interest.

fatbelly

So the mortgage hae reached the end of its term, there is no way the balance can be paid and the owners have it up for sale.

Have they asked the lender whether there is an Assisted Voluntary Sale scheme?

If there is a buyer the court should be happy to kick this down the road (adjourn) for maybe 90 days.

Otherwise they will grant a Possession Order and sell it themselves.

Explained at the end of this article

https://england.shelter.org.uk/professional_resources/news_and_updates/homeowners_rights_at_the_end_of_their_mortgage_term

elsien

Isthisforreal99 said:

So, to be clear, when did the mortgage term effectively end? It may actually be the case it ended in 2023 when the partner passed, unless it was a joint mortgage?

It's not clear either how he was 'lumbered' with the payments but paying the interest was merely delaying the inevitable.

Brie said:

Can he (with your help??) contact the bank's vulnerable care team?  If that doesn't work then I'd go for a letter to the CEO.  Maybe make a comment about "what would the papers say about how you're treating a pensioner?"

You know he is vulnerable how? He is 66 and no mention off ill health and pay £900pm interest.

And 66 will no longer be state pension age in due course anyway. 

jimmymacd

So, final update!
It is worth getting your local MP involved. After several letters from The House of Commons, The Halifax cancelled the repossession with apologies and my neighbour was able to renegotiate a favourable repayment mortgage at a much lower monthly payment until the house is sold. He is now a happy bunny and can sleep at night.

beanielou

jimmymacd said:

So, final update!
It is worth getting your local MP involved. After several letters from The House of Commons, The Halifax cancelled the repossession with apologies and my neighbour was able to renegotiate a favourable repayment mortgage at a much lower monthly payment until the house is sold. He is now a happy bunny and can sleep at night.

Good result.