Filling a n11M Form to Stop House Repossession 2024 UK
Looking at what a N11M form is and how it can stop repossession...
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Falling into mortgage arrears and being faced with repossession is a situation that no one wants to deal with, but it is a reality that many homeowners can find themselves facing. With a cost of living crisis looming over us all, property repossession is a serious issue that is not to be taken lightly.
If you find yourself facing repossession, then you may want to explore filling out an N11M form. These forms can help homeowners to put forward a case against repossession, and in some cases can help stop house repossession altogether.
In this blog post, we will be looking at what an N11M form is, what they include, and how we can help you sell fast in as little as 7 days.
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What is an N11M Form
A N11M form is used by homeowners to portray your side of the story if you fall into mortgage arrears. This form can be used to stop the repossession process. The court will then send copies of claim forms, which will be filled in by your lender, and you will be notified of the date of the hearing.
The form is comprised of 27 questions that cover your personal details, circumstances, and a plan to repay the arrears.
Why Use the N11M Form?
The n11m form is one of your best options to stop the house repossession process. It allows you to inform the court of your personal circumstances and the run-up to your arrears. It also highlights your personal finances and allows you to put forward a plan to get out of mortgage arrears.
How does a N11M Form stop house repossession?
An N11M form can be used to stop house repossession by offering you the chance to lay out a case to the court about why you should be allowed to keep your current property and how you plan to be able to continue paying your mortgage, alongside monthly payments to repay the arrears.
It is worth keeping in mind that if you receive a court order, it does not necessarily mean that you will lose your home. There is time to resolve the issue, however you should speak to your mortgage lender first.
When does the repossession procedure start?
If you are in arrears, your mortgage lender will be unable to evict you until they have abided by the correct protocol. If you live in England or Wales, then your mortgage lender must first complete the following steps:
Pre-court action
Before the repossession process starts, you should first be contacted by your mortgage lender in order to discuss the reasonable steps necessary, the reasons for the arrears, and a proposal for repayment. If you are paying your monthly instalment in full and an amount towards the arrears, then your lender is unlikely to issue a claim for possession.
Possession Case
Unless there are exceptional cases, such as complex legal issues, a possession proceeding must be brought in the county court. As a rule of thumb, the proceedings will occur in the district where the property is located.
N11M Defence Form
If you receive a letter of claim from the lender's solicitors and you do not respond or you are unsuccessful in negotiating with the lender, you will more than likely receive a claim form from the local county court which will include a date and time for a possession hearing.
It is at this stage when you would need to complete a defence form, also referred to as an N11M. Whilst this form will not ask you specifically your reasons for falling into arrears, you are welcome to state what these reasons are.
The borrower will need to return the defence from within 14 days. If this is not possible, it should be sent in as soon as possible, with a copy being sent separately to the lender so they may see it before the hearing takes place.
Hearing
Once you have received notice of the hearing, you have 5 days for your lender to send a notice to the property advising you of the date of the hearing.
You should take to court the following where possible:
Proof of a claim for support for mortgage interest
Correspondence with the lender
Evidence of household income such as wage slips
Details of any lump sum payments you are due to receive
An up-to-date valuation of the property, and if you are seeking time to sell you should also bring evidence that the property is on the market
Details of any payments you have made since the possession claim was issued
You should carefully consider whether or not it is realistic for you to remain in the property or whether you should request time to sell. The court will typically only offer an adjournment on a property that is already on the market, so you should take steps to advertise your property as soon as you can. If you have sufficient equity to cover mortgage debt and costs then the court may decide to defer possession.
You should accompany the proposal to pay with a statement of income and expenditure. In order for the court to suspend possession under the Administration of Justice Acts the proposal will need to clear the arrears within a reasonable period.
If the borrower is unable to make the proposal which will clear the arrears and any other amount that they owe in the meantime, then they may request a time order should the agreement be a Regulated Mortgage Contract.
What do I need to know about an N11M Form?
Before you fill in the N11M defence form, there are a few basics that you will need to keep in mind. For a start, you should fill out and return the defence form within 14 days. Should it take you longer than the allotted time to fill out the form you should still return it when complete regardless.
It is also worth keeping photocopies for your own records and to take with you to any court hearings.
Before you fill out a claim form, it is a good idea to seek legal advice. Whilst it is not a necessity, it is always best to understand exactly what you are filling out in order to give yourself the best chance of success.
It is also important to be as honest as possible when answering the question. Whilst it can feel like a daunting process, it is always best to be open and truthful and answer the questions to the best of your abilities.
What are the steps involved with a N11M form?
Question 1:
The first question is all about your personal details. You will need to fill in your name, address, date of birth and other similar information.
Question 2:
If you disagree with the amount that your lender claims you owe them, this is your opportunity to make it known to the court. It is worth bearing in mind that mortgage lenders are often correct with the amount that they are owed and mistakes are rare. However, if you feel as though you are being charged unfairly, you should state so. Just be wary to ensure your stated figure is accurate.
Question 3:
For this section, you should typically check 'yes' that you are in mortgage repayment arrears and that the amount is correct.
Question 4:
Your lender may wish to seek possession of your property for a reason besides mortgage arrears. If this applies to you and you disagree with the claim made against you, then you should use this opportunity to make this known.
Question 5:
If you feel it applies to your situation, you can request for the court to consider if the terms of your original agreement with your mortgage lender are fair. You should bare in mind that many mortgage lenders will know how to protect themselves from claims such as these.
Question 6:
When you apply for a time order, it essentially means that you are asking the court to change the terms of your agreement. If you feel as though your arrears have accumulated due to unexpected circumstances, then this may be an avenue that you wish to explore. Before you tick yes, you should be fully aware of what your new future responsibilities will involve as a result.
Question 7:
This is an opportunity to let the court know if or when you have paid money to your mortgage lender since the claim was issued.
Question 8:
If in the period of time since the claim was issued you and your lender have reached an agreement then you should state so in this section as the court may not have been notified.
Questions 9 and 10:
You should use this section of the defence form to ask the court to consider allowing you to pay the arrears in instalments.
Questions 11 and 12:
In this section, you should state whether you have applied for or received Income Support. If you have applied, you should include the date on which you did so.
Question 13:
If you receive help from the Department of Work and Pensions to pay your mortgage interest you should declare this here.
Questions 14 and 15:
If you have any dependant children or people who rely on you financially, you should state this here.
Question 16:
If you have anyone living in the property who you are not financially responsible for, then you provide their details in this section.
Question 17:
This section is an opportunity to provide details about all the money you receive either through any jobs you may hold, job seekers allowance, pensions, child benefits, and any other allowances or benefits you may receive. You should be as accurate as possible with this figure.
Question 18:
If you have a current bank or building society account, then you should state how much you are in credit or overdrawn.
Question 19:
In this section, you should state whether or not you have a savings or deposit account and what the balance is.
Question 20:
If you have any existing court orders or fines, you should highlight these here. You should be sure to include the court name, claim or case number, the balance you owe, and any instalments you have paid. You should be sure to add up the total of instalments that you have paid.
Question 21:
In this section, you should include any details you have surrounding arrears you may have with court payments or fines.
Question 22:
If you have any loans or credit card debt, now is the time to declare it. You should include the name of the company that the debt is owed, how much you owe, and the total of any instalments you have paid. Remember to include the total at the bottom.
Question 23:
This is the section where you should include any arrears you have with loan or credit card repayments.
Question 24:
In this section, you should state your regular expenses. To do this, you may find it useful to go over any recent bank statements and receipts in order to gain an accurate overview of your finances. Be sure to add up a total at the bottom.
Question 25:
If you owe any priority debts that you may owe for council tax, gas, electricity, water or maintenance. This is a section you should only fill out if you have arrears with these bills.
Question 26:
If you have somewhere else you could live in the event of a repossession, you should state this here. If you have somewhere to stay, you should state in this section when you and your family would be able to move into the residence.
Question 27:
In the closing section, you should take the time to carefully explain any events or circumstances that have led up to your mortgage arrears. This could be a divorce, job loss, illness, bankruptcy or other life events. You can talk about how if you were ordered to leave it would cause additional stress or suffering. You can also use this section to confirm if you plan to sell to a cash buyer or auction house.
How to stop repossession fast
If you are looking to stop house repossession, or you are worried about house repossessions, then get in touch today by giving us a ring to speak to one of our property professionals, or by filling out one of our no-obligation valuation forms.
We are The Property Buying Company, a cash buyer with over 50 years combined experience in the property, We deal with customers who are going through a variety of different circumstances, including repossession.
When you sell your home through us, we can purchase in a timescale that suits you. Whether you wish to sell in one month or in as little as 7 days, we are here to help.
Furthermore, when you sell with The Property Buying Company, you are in good hands. Don't just take our word for it, you can check out our Trustpilot, with over 1,000 reviews rating us as excellent. We are also proud members of the National Association of Property Buyers and The Property Ombudsman.
If you are ready to sell your home fast and for free, get in touch today and fill out one of our free, no-obligation forms to receive your CASH offer, which we could have in your bank in as little as 7 days.
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