What Are The Different Types of Court Orders for Repossession?

Repossession of a home is a significant legal process that requires judicial oversight. When faced with the prospect of repossession in the UK, understanding the various types of court orders issued by the judge is crucial.

Each type of court order comes with its own set of conditions, implications, and consequences. If you adhere to the conditions set out in your repossession order your lender will be unable to repossess your home, therefore you must understand the terms of your order.

In this article, we will delve into the different types of repossession court orders to provide clarity and insight for homeowners and lenders alike.

What Are The Different Types of Court Orders for Repossession?

Outright Possession Order

An outright possession order, also known as an 'order for possession,' grants the lender legal ownership of the home on a specified date determined by the court. Typically, this date falls 28 days after the court hearing.

Failure to vacate the property by the given date empowers the lender to seek eviction through further legal channels.

You can appeal the possession order, however, it is difficult to get it completely removed. One of the few options available to you is to argue the case that you can pay back your arrears within a reasonable time.

Suspended Possession Order

Contrary to an outright possession order, a suspended possession order allows homeowners to retain possession of their property under certain conditions. By adhering to the payment plan outlined in the court order, homeowners can continue living in their homes. However, failure to comply with the terms of the order may result in the lender pursuing eviction proceedings.

Money Order

A money order requires the debtor to repay the lender a specified amount outlined in the court order.

Failure to make these payments can lead to wage garnishment or seizure of assets by bailiffs. It's important to note that a money order alone does not grant the lender the right to evict the homeowner from their property.

Possession Order with Money Judgment

In addition to granting possession of the property, this type of court order includes a money judgment specifying the amount owed by the homeowner. This amount typically includes:

  • Mortgage arrears
  • Court fees
  • The lender's legal costs

Non-payment of this judgment may result in enforcement actions, including eviction.

Time Order

A time order allows the court to temporarily modify the terms of the mortgage payment, such as the amount or interest rate, to accommodate the homeowner's financial circumstances.

Failure to adhere to the revised payment schedule can lead to eviction proceedings initiated by the lender.

What are Your Options if Granted a Repossession Order?

Each type of repossession court order serves a distinct purpose and carries unique implications.

Any form of court order can be very scary for homeowners but we recommend that you have three options:

  1. Don’t attend court - this is only viable in specific situations so speak to our experts about your situation before making this decision. However, it can delay the process by 28 days.
  2. Apply for a suspended possession order - this is the lessor of all the court orders for repossession and grants you additional time to pay back your arrears.
  3. Sell your property - this should be your last option as everyone needs a place to live, but it stops your home from being repossessed by your lender.

Get Help When Facing Repossession

At HMS we are here to help homeowners stop repossession. Every circumstance is different so it is always beneficial to speak to experts that can help. We may even be able to help you if you break your court order.

Speak to our team of repossession experts now if you are facing the repossession of your home.