Possession Order

Thousands of applications for possession are made every year. If you have arrears or an expired mortgage and have not repaid the mortgage balance, the likelihood of your mortgage lender being awarded possession by the court is very high.

We can help stop the repossession of your house even after a possession order has been granted. However, in order for you us to help you, you must contact us on 0800 298 0571.

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The Possession Proceedings: What You Need to Know

  • What Is a Possession Order?

    Possession proceedings begin with your lender handing you a “notice seeking possession”. If the notice is valid and you do not leave by the date specified, this is when your lender can apply to the court for a possession order. 

    A possession order is an order made by the court awarding the possession of your property to the claimant (typically a mortgage lender). Importantly, this does not mean they own your home or have physical possession of it.

  • What Does This Mean?

    It does mean, however, that if the claimant wants to enforce the possession order, they no longer need to gain a judgement or permission from the court. Instead, they simply need to make an application for the court to issue a “Warrant of Eviction” and instruct the court bailiff to execute the warrant.

    The court bailiff will schedule an eviction date and time, which your lender will be informed of. They will organise a locksmith to change your locks and an estate agent to collect the keys. We will often advise you to use an N244 form to defend an eviction notice.

  • Can a Possession Order Be Stopped?

    The simple answer: yes. But first, you must contact us. There are many different types of possession orders, all of which require slightly different approaches. Our strategy will be tailored to your specific circumstances. We specialise in stopping home repossession and we are experts at doing so.

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We help save your home by stopping your eviction, helping you clear your arrears negotiating with your lender.

28 Day Possession Order

A 28-day possession order is often the default order awarded to the claimant when the defendant (the homeowner) either:

  • Does not attend the hearing

OR 

  • Fails to submit a satisfactory defence.

The 28 days start from the day of the hearing. After this period, the claimant technically has “possession”. This means that they can apply for an eviction date to appoint a bailiff and evict you from your property.

An agreement can be made with your mortgage lender during the 28-day period. We can talk you through your options before you try to negotiate. We will inform you what you can achieve in your circumstances and ensure you end up with an agreement that works for you.

56 Day Possession Order

A 56-day possession order is the same as a 28-day order; it is simply longer. 56 days is usually granted when:

  • The defendant attends the hearing. 
  • The judge has sympathy for the defendant’s circumstances.
  • BUT they have no legal grounds to refuse the claimant’s possession order.  

This is particularly common in cases where the mortgage term has expired

The 56-day period gives the defendant a slightly longer time frame to reach an alternative resolution. For instance, it may give them time to raise finances to clear the arrears or balance of the mortgage. 

It is important to understand what you are asking the court for and why. Putting forward the wrong strategy, or even the right strategy too soon, can be very detrimental to your longer-term position. We can advise you on what to do to secure the longest possible time frame.

We help save your home by stopping your eviction, helping you clear your arrears negotiating with your lender.

Suspended Possession Order

A suspended possession order lets you stay in your home as long as you stick to an agreement to keep up rent payments and pay off the arrears. A judge will set out the terms for the defendant to follow. Typically, the defendant will need to make a minimum payment towards their arrears every month.

If the defendant fails to stick to the terms set out by the order, the claimant can immediately apply for eviction with as little as 2 weeks’ notice legally. It usually takes longer to arrange in practice.

Therefore, it is essential that the terms of your order must be appropriate and reasonable. They must give you the best opportunity to maintain the order and not fall subject to eviction.

Many lenders will agree to a suspended possession order because it gives them a significant amount of control over you. It enables them to make a genuine threat of eviction. Many homeowners make the mistake of setting up a payment arrangement, enforced by a suspended possession order, that they simply cannot afford.

If you are not sure what to offer, you simply need to call us and we will talk you through the options. Every case is individual when calculating the specific payment plan.

Expired Possession Order

An expired possession order is a possession order that is over 6 years old. Even if you originally secured a suspended possession order and cleared your arrears – and then fall into arrears again years later – the possession order is still enforceable by the claimant to proceed to eviction.

The claimant can apply to the court using an N244 application to renew or restore the possession order for another 6 years. This is often accomplished without a hearing even taking place.

In cases where a hearing is set, the judge’s hands are normally tied and they will often have to grant the extension of the possession order. This is because your mortgage lender can claim that it is in the best interest of the courts and the interested parties in terms of both time and costs. In other words, it is quicker and cheaper to let them extend it.

We can provide you with the most relevant and tactical advice on how to deal with this situation, but it is complicated. We will need to discuss it with you, so complete the contact form or give us a call.

It is never too late to contact us, even if your eviction is only an hour away. Call 0800 298 0571

What people have to say about Home Owner Management Services

Thank you so much for your help. We can now keep our home for the long term. We now have to pay our Lender a monthly payment we can finally afford after a year of turmoil. The hardest thing was unpacking all the boxes we had already packed because we thought there was no hope.

Everything you did for us was so quick and professional, our home was saved before we knew it, it took some time to sink in, but they really did achieve what we thought was impossible. In less than 24 hours of phoning them the eviction order was cancelled.

With the weight off our shoulders we can concentrate on living again and earning the money we need to pay the mortgage without living in fear of the Bailiff knocking on the door with an eviction order!

Mr & Mrs J W
I was at a total loss at what to do with my situation, having been a mortgage broker, I was convinced I had the ability to talk to my lender and negotiate however; nothing I could offer was good enough!

They explained the process to stop the eviction and when it all came together it was like a case of De Ja Vu, it went EXACTLY as they said it would. They got me enough time to save up my deposit to go and rent, and I just let the lender have the house because I had negative equity anyway.

I am now back to a comfortable state of living and have no stresses anymore. I didn’t have to borrow any money from anybody because I didn’t have to pay the mortgage while I was saving up for my rent.

The best part was having the ability to remove my belongings at my own pace, and it not being done for me! I didn’t need to arrange storage or anything. I cant begin to express how grateful I really am!

Mr L

I really can’t thank you guys enough. I was certainly headed for another breakdown, however, the sheer weight of your support saved me from despair and I am sat at home nice and  warm, in familiar surroundings thanks to you.

I can’t believe, looking back, how much time I wasted trying to convince the lender to let me stay, so many documents and offers, my only regret is honestly not phoning you sooner.

Mrs M

I really had my head in the clouds as I believed I now had no where to turn. I had already made my appointment with the council to assess me for emergency housing. However my council said they could only find me a hostel to stay in. 1 call to Aggressive Lender Solutions and I no longer had a problem.

They resolved the Eviction order in a matter of days, giving me every confidence that they could achieve it, every step of the way. I don’t know where Id be if they didn’t help.

Mr B