Enforcement Stayed Indefinitely in High-Stress Mortgage Possession Case

Go Legal prevents possession proceedings and secures indefinite stay of enforcement—providing urgent relief for vulnerable homeowner

Problem:

Our client, a 65-year-old homeowner suffering from serious cardiac illness, faced imminent possession proceedings from a mortgage lender. Despite longstanding efforts to maintain mortgage payments, the lender had applied for a possession order based on alleged arrears—claims our client strongly disputed.

Severe health concerns compounded the situation. The client had recently undergone multiple cardiac procedures, including the insertion of drug-eluting stents, and was under strict medical advice to avoid stress due to the risk of further cardiovascular events. The client’s home was also listed for sale to settle any disputed balance, with bridging finance already arranged.

With enforcement looming, our client urgently needed legal protection and a reprieve from the pressure of court proceedings.

Outcome:

Go Legal intervened immediately and:

• Notified the lender that the client was protected under a formal Breathing Space moratorium, legally suspending all enforcement action​;
• Provided detailed medical evidence confirming the client’s high-risk health status;
• Presented a full account of efforts to sell the property, including agent listings and secured bridging finance;
• Drafted and issued urgent correspondence requesting the adjournment and suspension of all possession proceedings.

The lender ultimately agreed to stay enforcement indefinitely, offering the client and their family​immense relief.

Details of the Case:

Our team acted within days of being instructed and:

• Immediately protected the client through the Debt Respite Scheme (Breathing Space) regulations;
• Submitted evidence of multiple medical procedures, including coronary angiography and ongoing cardiac rehabilitation;
• Challenged the alleged arrears and requested a full account statement from the lender;
• Emphasised the client’s voluntary overpayment history and lack of clear notification on interest changes;
• Proposed a practical solution focused on the repayment of the debt via sale—avoiding costly litigation or forced possession.

Our approach combined legal accuracy, health sensitivity, and commercial pragmatism, leading to a swift and non-adversarial resolution.

Legal Tip:
If you’re facing enforcement or a possession hearing and have health or hardship circumstances, legal options are available. A breathing space moratorium and strategic legal engagement can buy crucial time and even halt proceedings indefinitely.

Why Choose Us:

• Experienced in defending mortgage possession and enforcement actions;
• Rapid, decisive legal support for vulnerable clients;
• Skilled in negotiating directly with lenders to halt or resolve action;
• Clear, practical advice combined with empathy and discretion;
• Fixed-fee options available for possession defence and enforcement relief.

If you’re facing a possession claim or threatened with enforcement, Go Legal can help. Call 0207 459 4037 or request a Free Consultation today.