Repossession Order

Home repossession process

The recovery of a mortgaged home is done in several stages. You can take steps at every step to avoid it.

Get advice if you are facing repossession Receive advice if you are facing recovery

You may be able to get help from a service funded with legal help if you claim certain benefits or have low income.Contact the civil legal assistance service at 0345 345 4 345.You can also get help from a shelter counselor.

1. Your lender writes about mortgage arrears

Your mortgage lender has to follow the rules on how they deal with you. If you fall behind with your mortgage payments, your lender should contact you first to ask you to solve the problem. You should talk with your lender, consider all your options and present a proposal to your lender about how to deal with arrears. Your lender should write you again. They should warn you that they will take legal action to recover your home if you do not respond or if you are not happy with your response. You can also negotiate with your lender at this stage. 

2. Your lender applies to a court asking for a possession order

Your mortgage lender must obtain a court order to recover your home.

To obtain this, the mortgage lender must file an application with the local county court explaining the reasons why a judge should grant them possession of their home.

 

 

Repossession Order

The lender can only recover your home if the court grants permission.

The judge could decide:

postpone the hearing

Leave the case aside, which means that it will not be ordered and the hearing will be over.

make a recovery order

Outright possession order. An outright possession order means that the court has decided that your mortgage lender can repossess your home. The order sets to date you must leave your home by. This is usually 28 days after the court hearing.