How can a house with subsidence be sold?

[oceanauk]

This is a very complex situation of my partners. He split from his ex and the house is being sold. After structural surveys were taken, subsidence was found to be happening. It's quite slight but it's actually the house next door that is subsiding and this is pulling his house down. The ground is clay and it only became a problem in the last 18 months due to the excessive rain we've had. My partner took a loan out on the house to start is own business too. Now he is being threatened with repossession.Three months rent were missed due to his ex not paying the mortgage (he had moved out a year ago) but she never told him. He took on the mortgage to save the house from repossession. Now the lenders want to repossess anyway because the house isn't being sold due to the subsidence problem (he can't repair cos it would happen again because of problem house next door - old lady owns and can't afford to repair - he also can't sue for same reasons.) Mortgage lenders have said that due to no money being paid to cover the arrears that happened they want to repossess even though he makes regular monthly payments. He is running out of money and he is so stressed is talking suicide. I am stressed out because I can't help. Nobody can help it seems after we talked to solicitors left, right and centre. Can anyone offer any advice?

[bednobs]

cant he get subsidence fixed on the house insurance?

[dot.hawkes]

If the house is mortgaged it has to be insured and if so then the insurance will cover it. i assume when he remortgaged a survey was done, if the problem didn't show up then it can't be that serious but the insureres may have to claim off the neighbour and therefore their insurance. As for the repossession, he can ask for a suspension of any repossesion order as long as he is making an effort to pay the arrears and the current mortgage.

[Goodsoulette]

If you go to court you'll get a suspended possession order. As long as you continue to meet the payments after this the house will not be repossessed.

[oceanauk]

He could get subsidence fixed on the insurance but because it's actually the house next door with the problem - the insurance co. will not do the repair til they do theirs! But as I mentioned it's owned by an old lady with no money and no insurance (so cannot sue either!). Have stopped the repossession at the moment.