One house is mortgaged in the bank. This property is not auctioned but the owner has made an agreement for selling the same and has taken an advance of Rs.3,00,000/- . The owner has not deposited the amount of Rs 3,00,000/- in the bank but he has utilized himself. Now there is boom in the prices of land in Guntur the owner is not willing to sell. When I approached the bank, the bank authorities had said that they are no way concerned with the amount the owner has taken. Hence at this juncture how should I proceed legally to achieve the property.