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Stop a house repossession

Act early. There are options before the lender takes possession.

What is house repossession?

House repossession is a legal process where a mortgage lender or secured loan provider takes ownership of a property. Bailiffs are assigned to carry out a repossession order and provide an eviction date for the homeowner to vacate the property for they can then come and take ownership.

House repossession process

Step 1: your lender contacts you

  • Your lender contacts you about missed mortgage payments and then attempts to find a solution with you to resolve your arrears and get you back on track.
  • You do not have to wait for them to contact you, if you’re feeling worried you can contact them and find a solution
  • Most banks and building societies have signed the government’s mortgage charter.
  • They have agreed not to force people to leave their home within a year of their first missed payment unless there are exceptional circumstances.
  • You have time to get advice and take steps to deal with missed mortgage payments.

Step 2: your lender starts court action

  • Your lender may start court action to repossess your home if you cannot agree to a repayment plan.
  • This should be a last resort. They must provide you with a list of all missed payments, the total level of arrears and the outstanding mortgage debt before they apply to court.
  • There are other rules the lender must follow before starting court action. Get legal advice if your lender starts court action.

Step 3: the court sends you paperwork

  • You will get several letters and forms from the court. Keep them together in a file.
  • You should check the documents carefully and complete and return the defence form

Step 4: you attend the possession hearing

  • It’s very important to attend the hearing. If you do not turn up, the court will probably make an outright possession order and you could lose your home.
  • You should tell the court as soon as possible if you have a very good reason not to go. For example, sudden and serious illness.

Step 5: the court makes a decision at the hearing

There are 2 types of possession order:

  • Suspended Order A suspended order allows you to stay in your home on the terms set by the court. You have to pay a set amount on top of your normal monthly mortgage payment.
  • Outright Order: This is very serious. It sets a date for you to leave your home. This could be as soon as 4 weeks after the hearing.

Step 6: when bailiffs can be asked to evict you

  • A suspended order and you break the terms of the order.
  • An outright order and the date for possession has passed.
  • Your lender must apply for an eviction warrant from the court.
  • They must send a notice to your home to say they’ve done this.

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