If you have been missing mortgage payments and your lender is taking you to court, remember you can still stop repossession.
One of the essential steps is to complete the N244 form. It can be used to ask a court to cancel an order to repossess your property.
This means that the judge can spend some time looking at the details of your case.
Filling the N244 Form – Some Basics
Below is some outline guidance on how to complete this form:
- Before you start, please note that the N244 form will need to be presented alongside specific evidence demonstrating how you plan to clear your mortgage arrears;
- You can either print this form off and handwrite your responses. Or, if it’s easier, complete the form on a computer and print it off. However, you will need to sign both versions (using black ink);
- You should have also received the N11M personal defence form. We recommend using it together with the N244 form to provide the court with a full picture of your financial circumstances. Please see our outline guidance on filling the N11M form here;
- At the top right of the form, fill in the name of the court, case claim number (which should be in the paperwork the County Court has sent you). Also, fill the fee account number/help with fees/warrant numbers (if applicable); the Claimant’s name (your mortgage lender); your own name (as the Defendant) and the date.
Filling the N244 Form – The Questions
- Question 1: fill in your full name here (if you are using a solicitor, they will fill in their details);
- Question 2: tick the checkbox beside ‘Defendant’;
- Question 3: the order is usually for ‘adjourning the hearing’ or ‘setting aside the judgment’ and you will need to briefly explain the reasons for your request. Unless you’re using a solicitor, the judge will appreciate that you do not understand the law. Simply put the truth in your own words here;
- Question 4: attaching a draft of the order should only be ticked as ‘yes’ if you are working with a solicitor. Again, if you are defending yourself, the court will appreciate that you don’t have an understanding of the law;
- Question 5: we would suggest ticking ‘at a hearing’. This often means you can get things dealt on a face-to-face basis;
- Questions 6, 7 and 8: unless you are working with a solicitor, we would usually suggest leaving these questions blank;
- Questions 9 and 9a: these should only be filled in if there is someone you want the court to send a copy of the application to (such as a solicitor, legal expert or debt advisor);
- Question 10: in most cases, it is best to tick the checkbox ‘the evidence set out in the box below’. Here, you can highlight anything that will support your case. For example, you may want to state that you will be earning extra wages (take a supporting letter from your employer). If a lodger is moving into the house, take a tenancy agreement or some form of confirmation. You may be getting help from your local council or dealing health issues (take any evidence you can). You can also present proof that your lender is not following ‘pre-action protocol’ rules (see Chapter 3 of our guide to stopping repossession);
- In this same box, where necessary, you should also clarify why there has been any delay in making the application;
- When sending the form in yourself, remember to tick the Statement of Truth + signature, the date, full name and address to which documents should be sent.
Filling the N244 Form – Note the Following…
- Should you decide to sell your property to a We Buy Any House company or auction house, take some proof along. This usually consists of a confirmation of sale letter, proof of the buyers’ funds, a solicitors letter or, ideally, an exchange contract;
- Finally, you and any co-owners should sign the Statement of Truth at the bottom of the form and, if you are using legal assistance, he/she should also fill in their details;
- We suggest photocopying two extra copies of the form. Send the original and one of the copies using recorded delivery;
- Please note that there will be a fee for filing the N244 form. However, if you are on a low income or receiving benefits, you may not have to pay this.
Talk to Property Solvers…
Property Solvers are 24/7 quick house sale experts. We have 20 years of experience of stopping the repossession process through buying houses in as little as 7 days.
If you decide to sell to us directly, we will present the court with an exchange contract, proof of cash funds and a firm date for completion.