Repossession Advice If you are threatened with repossession for any reason, get advice immediately. Depending on your circumstances, the process can often be stopped if you act quickly. If you can't pay your mortgage or any other loan secured on your home, your lender can take legal action to get back the money you owe. It is nearly always possible to avoid going to court. If you are threatened with repossession, get advice immediately. An adviser may be able to help you to negotiate and avoid the time and expense of going to court. It's often possible to prevent arrears or disagreements from leading to repossession. CLICK HERE TO APPLY FOR DEBT HELP My lender is trying to evict me If you are having problems paying your mortgage, most lenders will only repossess your home as a last resort. They usually prefer to sort out your payment problems in other ways. Your options will probably depend on:
If your lender or its solicitor contacts you about your arrears, don't ignore their letters or phone calls. If you don't respond, your lender is much more likely to take you to court. If you are not sure how to respond, get advice from a housing aid centre or citizens advice bureau. An adviser may be able to help you come up with a proposal to control your arrears and keep your home. CLICK HERE TO APPLY FOR DEBT HELP Letters from your lender In most cases, the first thing you will receive is a letter reminding you that you have missed one or two payments. It will normally ask you to:
If your lender isn't satisfied with your proposals, or your arrears increase, it will probably write to you again. The second letter usually says that solicitors will get involved if you don't clear your arrears or contact your lender to discuss the situation within seven days. It is usually better to negotiate with your lender before solicitors are involved, as they may be unhelpful. A housing aid centre or citizens advice bureau can help you do this. CLICK HERE TO APPLY FOR DEBT HELP Letters from your lender's solicitor When solicitors get involved, they will send you a letter giving you seven days to pay off all your arrears or make a proposal for doing so. If they are not satisfied with your response, they can start court action without any further warning. It is definitely still worth trying to negotiate at this stage. Even if you can't come to an agreement, the court is more likely to be sympathetic if you made an effort to sort things out before legal action was started. An adviser can help you do this. CLICK HERE TO APPLY FOR DEBT HELP If the case goes to court If you have not been able to stop your lender from starting court action, it doesn't necessarily mean that you will lose your home. It's still worth trying to negotiate a solution before the hearing. If this isn't possible, the court will listen to both sides and will decide what should happen to your home. You should get advice before the case goes to court. The options that may be available may depend on the reasons why you have been threatened with repossession. An adviser can explain your options and whether the court is likely to allow you to stay in your home. CLICK HERE TO APPLY FOR DEBT HELP The Court Prcoess of Repossession Taking action to repossess a property involves a number of stages, which can take a few weeks or months. You may be able to stop the process at any stage, so get advice immediately and keep negotiating with your lender or freeholder. The earlier you take action the more options you will have and the less you will have to pay in legal costs. There are special rules about the procedures that must be followed at each stage - if they are not, you may be able to stop or delay the eviction. Use the Advice Services Directory to find agencies that can help. CLICK HERE TO APPLY FOR DEBT HELP Reasons for repossession There has to be a legal reason for your home to be repossessed. The most common reason is if you don't pay your mortgage or other secured loan taken out against your home. Leaseholders can also to be evicted by their freeholder if they break the conditions of their lease, such as not paying ground rent or service charges, but this is unusual. The only other way in which you can be made to leave your home is if the local authority or another public body makes a ' compulsory purchase order' to buy your home. This normally only happens if a major local development, such as a road widening scheme, is planned. If you are in this situation you will be entitled to compensation and should get advice. If you are in arrears you should try to pay as much as you can on a regular basis, even after court action has been started. CLICK HERE TO APPLY FOR DEBT HELP Notice from your lender Firstly, your lender, your freeholder or their solicitor, should contact you, asking you to put the problem right. If they are not happy with your response, they should write to you, warning you that they are going to start court action. They can then apply to your local county court for a possession order. A summons from the court The court will write to you telling you when a hearing is to take place. This is called a summons. When you hear from the court, if you have not already done so, you should get advice immediately about what to do next. It is very important to reply to the court. Failing to reply can harm your case. An adviser may be able to help you prepare for the hearing, gather evidence and/or negotiate with the other side. CLICK HERE TO APPLY FOR DEBT HELP The hearing At the hearing, the judge will hear evidence from you and your lender or freeholder before making a decision. The judge may:
The court order If the judge decides that your home is to be repossessed, the court order will asset a date for you to leave. If you have lot left by that date, your lender or freeholder must apply to the court for a bailiff's warrant. The bailiffs will write to tell you when the eviction is to take place, and when they come, they can remove you from your home. Avoiding payment problems in future If you are worried that you may have ongoing problems affording your mortgage, you should get advice to stop your arrears from increasing. If your lender or its solicitor contacts you about your arrears, don't ignore their letters or phone calls. If you don't respond, your lender is much more likely to take you to court. If you are having financial problems, contact the us for advice for your particular situation. For example, it may be possible to negotiate with your lender to reduce your monthly payments by extending the term of your mortgage or switching to a different repayment method. CLICK HERE TO APPLY FOR DEBT HELP
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