Frequently Asked Questions
Facing repossession or eviction? Below are answers to the questions homeowners ask us most .
1. About HMS & Getting Started
HMS is a family-run firm that helps homeowners facing mortgage difficulties, repossession or eviction. The business grew out of lived experience: after the 2008 financial crash, our own family faced repossession, and the strategies we developed to buy time and find a way through became the foundation of what we do.
Eighteen years on, our focus is unchanged – helping families understand their options and stay in their homes wherever possible. We’re available 24 hours a day, 365 days a year on 0800 298 0571.
We work with homeowners at every stage, from early mortgage arrears to an imminent eviction date or even after eviction. Depending on your situation, that can mean helping you understand a court or eviction notice, assisting you to complete court forms such as the N244, dealing with your mortgage lender directly, and connecting you with regulated brokers or solicitors where specialist advice is needed. Our aim is to give you clarity, a plan, and realistic options.
No – we’re a homeowner support service, not a law firm or a firm of regulated financial advisers. We help you navigate the practical steps of dealing with lenders and the courts, and where you need regulated legal or financial advice, we work alongside or refer you to appropriately qualified firms that specialise in the particular sector you need.
Our advice and support is designed so there are no upfront costs and no obligation to proceed after we have determined we can help with your situation. The only time we charge is when you ask us to help and only after we have successfully managed your circumstances and prevented you from losing your home. Our fee is 1.5% of the property value and is not payable until you sell or refinance your home. In circumstances where we reinstate a client’s affordability, our fees might not be payable for 20 years or more. We’ll always be clear about this from the outset, so you know exactly where you stand. Do not hesitate to clarify the situation with us.
These situations are often urgent, which is why we operate 24 hours a day, 365 days a year. If you’re facing an imminent hearing or eviction date, call us as soon as you can on 0800 298 0571 so we can act quickly.
We help homeowners all across England and Wales. The law and the court process work quite differently elsewhere in the UK – including Scotland – so our service is focused on England and Wales. We’re available day or night on 0800 298 0571.
2. Repossession & Mortgage Arrears
Repossession is the legal process a mortgage lender can use to take ownership of your property – usually because the mortgage hasn’t been paid as agreed, or the term has ended with a balance still outstanding. It typically involves the lender applying to court for a possession order and, if that’s granted and not complied with, asking the court for a warrant so an eviction can be carried out. Crucially, there are usually opportunities to challenge or delay this at several stages, which is why getting help early matters so much so that we can maximise your options.
Repossession usually follows a series of steps: your lender contacts you about missed payments or a mortgage term ending; if that isn’t resolved, it applies to the county court for a possession hearing; and if a possession order is granted and not complied with, the lender can apply for a warrant so an eviction can be carried out. Timescales vary a lot depending on your lender and the court, and there are points along the way where the process can be challenged or paused. The key is to act at the earliest stage you can, rather than waiting for the next letter. A lot of Homeowners get confused and do not understand what stage they are facing. We can clear up any confusion very quickly due to having a very in depth understanding of the whole process.
Act quickly, and don’t ignore letters or court papers – your options narrow the longer you wait. Get in touch with us as early as you can so we can look at your situation, work out exactly what stage you’re at, and plan the strongest strategy to enable you to recover. In many cases we can engage with your lender directly or help you make an application to the court.
Yes, and certainly delayed. Even after a court has made a possession order, there are still steps available: applying to the court to suspend the order or the eviction, negotiating with your lender, or putting forward a realistic plan to clear your arrears. The right route depends on your circumstances and how far things have gone, which is why it helps to get advice as early as possible.
We encounter a lot of homeowners who have been given the wrong information by those insufficiently qualified by experience, and also companies who want to take advantage of your desperation. We can’t promise or guarantee a particular outcome or timeframe, but it is very rare that we cannot stop repossession, including at a very late stage.
Yes. Courts can order mortgage arrears to be repaid over a reasonable period – potentially the remaining term of your mortgage – rather than demanding everything immediately, provided a realistic plan can be shown. Preparing a clear, credible proposal to put to your lender or the court is exactly the kind of thing we help homeowners with.
Yes – arrears are one of the most common situations we deal with. The key is to act immediately rather than wait for things to escalate to court. We can help you understand your options, open a constructive conversation with your lender, and put forward a plan aimed at keeping you in your home.
A possession hearing is where a judge decides whether the lender can take possession of your property. You have the right to attend and put your case, and you can ask the court for more time or for any order to be suspended on terms. Preparation makes a real difference – the more clearly your circumstances and proposals are presented, the better. We can help you prepare, including completing any defense forms, and explain what to expect on the day. You need to be clear on what the judge can and cannot award. Many Homeowners contact us after possession is awarded in absolute shock that the judge did not appear to listen to them. You need to make sure that your proposal at least has a chance of working. Call us with your thoughts and we will talk through your circumstances for free.
3. N244 Forms & Court Applications
An N244 is a very generic court application form. It is used for all sorts of cases, not just possession. However In repossession and eviction situations it’s most commonly used to ask the court to pause or reconsider a decision – for example, to apply for a hearing to suspend an eviction or to set aside a judgment. If you’ve been given an eviction date, an N244 is usually the form used to ask the court to stop or postpone it, so it’s important to act quickly and include as much supporting information and evidence as possible.
Importantly, the form itself is not a solution like some organisations seem to believe. The form simply asks the court to look at the case, you then have to convince the judge that your application and proposed solution is the best course of action for the case. You cannot afford to get it wrong. Call us if you want to check you are going in the right direction, we will be able to identify if there is a better way to make an application.
Yes – this is something we do very regularly. The N244 is the main document a judge will look at to make a decision on whether the application will be accepted and usually proceed to a hearing. It needs to be clear, well-evidenced and convincing. The form can feel intimidating if you’re not used to legal language, and we have years of experience helping homeowners complete it properly and see it through to a successful conclusion.
There is usually a court fee to make an N244 application, and in some cases you may qualify for “Help with Fees” if you’re on a low income or certain benefits. Fees and eligibility change over time, so it’s best to check the current position on gov.uk. We can help you understand what’s likely to apply in your case, but for most of the applications we assist with, the court fee is £15.
Yes – even at a late stage. We’ve helped homeowners successfully take action even on the day of the eviction, but time is critical, so call us the moment you are aware that action is even pending. The sooner we can look at your case, the more options are likely to be open to you.
4. Evictions, Enforcement & After Repossession
No. Receiving an eviction notice is frightening, but it doesn’t always mean the end of the road – for many homeowners it’s the catalyst that makes them look for help and find us. There will still be steps available to challenge or delay it. Contact us as soon as possible so we can assess your options quickly.
This is one of the most common worries, and the rules are specific – so it’s worth getting advice about your exact situation. In a mortgage repossession, an eviction is carried out under a court warrant or writ, and is attended by the County Court Bailiff. They will usually be accompanied by an agent for the lender and a locksmith, this is different from a debt-collection visit.
An eviction WARRANT will mean they can force entry, but they are not allowed to use more than reasonable force. Importantly, waiting for the day of eviction is not a good strategy. If you’ve received anything mentioning enforcement, bailiffs or an eviction date, contact us straight away and we’ll explain what it means for you and what steps we need to take to stop the bailiff coming altogether.
It’s absolutely worth talking to us even at this stage. We have reversed several unlawful evictions over the years. However once a lender has taken actual physical possession of your property it changes the legal position and matters can move quickly, what can be done will depend on the circumstances but the sooner you contact us, the more likely we are going to be able to help. We’ll always be honest with you about what is and isn’t realistically possible.
Once a lender has taken possession, options do narrow – but it’s still worth talking to us quickly, because there may be steps that can be taken. We’ll always be absolutely honest about what’s realistically achievable. The most important thing is to act before an eviction takes place if you possibly can, because that’s when the most options are available to you.
Yes. It is a common misconception that you no longer own the house once the lender has changed your locks. It remains your home right up until your lender exchanges contracts with another buyer, which usually takes 6 months. Importantly, if your home is sold with a surplus amount of money above the mortgage, this will be returned to you, but often takes several more months.
If your home is sold for less than you owe – including arrears, interest, solicitors and sale costs – you can be left with a “shortfall” that the lender may pursue you for this. That’s one of the biggest reasons to explore every alternative before repossession goes ahead, and to take advice early.
You do not want to be waiting 9 months for a significantly diminished amount of the equity you worked hard to achieve.
We can help you understand what you may be facing and what options exist to prevent it.
Another misconception is that Lenders will automatically put your property into auction for a quick sale to “get their money back”. Despite some competitors being willing to let you believe this is true, it is not. Your lender will usually be regulated by the FCA and the regulation states they have to try and achieve as much money for your property as possible, but the get out clause is that they have to take account of the rising cost of interest. Your lender will accept the highest offer. They have no reason not to. The reduction in sale value is created typically by the public.
Your property will have the power and heating switched off and will usually have “do not use” tape on the toilets, cooker and taps. It is fairly clear it’s a repossession. They do not see the homeowner behind the circumstances and therefore offer a much lower figure. Additionally, in the commotion of an eviction, a property is rarely presented in its best light. You need to be pragmatic about your circumstances and if a sale is the only solution, you want an open market sale that will achieve the maximum sale value available to you.
5. Mortgage Term, Interest-Only & Credit
This is an increasingly common situation, particularly with the thousands of interest-only mortgages that were sold. We were subject to them ourselves. It’s where the capital hasn’t been repaid by the end of the term. When a term ends with a balance outstanding, the lender can ask for repayment in full and, if that isn’t possible, may begin repossession. The good news is that there are usually options – from negotiating extra time, to refinancing, to restructuring – and acting early gives you the best chance of protecting your home.
Yes. Interest-only mortgages that reach the end of their term with the capital still owing are a situation we see often. We can help you explore options such as extending the term, refinancing through a suitable broker, or negotiating with your lender, and help you decide which route best fits your circumstances.
A poor credit history can make high-street remortgaging difficult, but it doesn’t necessarily leave you without options. Depending on your situation, specialist lenders, restructuring or other solutions may be available. We work with regulated brokers who handle more complex cases and can help identify a realistic way forward, but often the best and cheapest course of action is to fix the problem you have with your current lender. It takes time, but there is no time limit on our help. We have many clients that we have been working with for years.
They’re different things with different consequences, and which is “worse” depends entirely on your circumstances – so there’s no one-size-fits-all answer. Both affect your credit and your options, and there are often steps that can avoid the worst outcomes of either. It’s worth a conversation before assuming one is your only route. Bankruptcy can exist without being repossessed and you can be repossessed without being made bankrupt, but neither are ideal unless it achieves a specific purpose for you.
6. Complex Ownership & Circumstances
Yes. Joint ownership adds complexity – a sale usually needs the agreement of all legal owners, but it doesn’t make a solution impossible. We can help you understand where you stand and, where needed, work with solicitors to deal with an unresponsive or absent co-owner.
Yes. Property matters tied up in probate need careful, sensitive handling and often involve legal steps. We can help you understand the situation, help delay the action the lender is threatening, and connect you with the right specialists to move things forward.
Bankruptcy makes property matters more complicated, because control of your assets may sit with a trustee, but quite often the bankruptcy wasn’t necessary and there is equity in the property, handled correctly, the trustee shouldn’t prevent a solution. It’s worth speaking to us – we can help you understand the position and work with specialists who deal with bankruptcy and insolvency where appropriate.
A short remaining lease can make a property difficult to mortgage or sell, but there are often routes forward, such as extending the lease. There have been significant reforms that prevent Freeholders from taking advantage. We can help you understand the options and point you to the right specialists.
Yes. Even where there’s little or no equity, there may be ways to buy time, negotiate with your lender, or reach a better outcome than repossession. Every case is different, and we’ll give you an honest view of what’s realistically achievable.
7. Dealing with Other Companies & Staying in Control
It’s natural to feel under pressure when a company contacts you out of the blue, especially in a stressful situation. If they are targeting you when you didn’t ask for help, there is certainly going to be a strong financial gain in their direction to make it worthwhile. Before you agree to anything – a sale, a loan, or signing over any control – take independent advice, get an independent valuation of your home, and make sure you fully understand any fees or commissions. You’re never obliged to accept the first offer you receive, and a genuine option won’t disappear if you take a little time to check it.
Many quick-sale and cash-buyer companies are legitimate businesses – but a fast sale isn’t always the best outcome for you. Offers are routinely below open-market value, and some come with fees or conditions that only become clear later. In our experience Homeowners complain to us at the point of completion because the company suddenly dropped the offer at the point of completion when the eviction is a week away.
They will often start with an offer of around 80% of the market value and if they know you are willing to accept that as a significant reduction, you are likely to be desperate enough to have to accept less. With the legal costs, stamp duty and finance costs of running that sort of business, they will realistically want to purchase your property for 70% of its value to make a significant profit.
Before committing to any company, check independent reviews, NOT the ones on their website. Get an independent valuation of your home, make sure you understand every fee, and don’t feel rushed into signing. If it helps, we can look over an offer with you impartially before you decide.
A quick sale can seem like the simplest fix, but it isn’t always the best financial outcome – fast-sale offers are often below open-market value, and some carry fees charged at completion. Before committing, it’s worth understanding what your home is really worth, whether a sale is truly necessary, and what alternatives exist. We can help you weigh this up impartially and help you determine and gain the time to sell the property on the open market so you keep your equity.
8. Practical Questions
A conversation with us is confidential, and simply talking to us about your options does not affect your credit score. We do not share your information with any third party unless we have determined with you that you need to speak to 3rd party that we recommend like a regulated mortgage broker. You will have to give your express permission for this. Anyone that contacts you out of the blue did not get your information from us.
It helps to have to hand the details of your mortgage and lender, any arrears figure, and – most importantly – any letters or court papers you’ve received, including any hearing or eviction dates, clients when they first call do so because they are under pressure and it is easy to get the dates and wording mixed up, when it is very important to get it right. Don’t worry if you don’t have everything; the main thing is to get in touch, the details we can work out as we go, even if we have to call your lender together and get the information directly from them.
Call us any time, day or night, on 0800 298 0571, or request a callback through the website. We’ll talk through your situation, explain your options, and help you decide on the best next step – with no obligation. Nobody has ever said that they regret calling, you can only gain more information from a conversation with us.
