Possession Order
If you have an older possession order and your mortgage lender is now taking steps towards enforcement or eviction, the order may still need to be dealt with.
HMS can assess your circumstances, explain the options available and help with N244 documents where an application is required.
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What Is a Possession Order?
A possession order is an order made by the court giving the claimant, usually a mortgage lender, the right to take possession of the property.
Possession proceedings usually follow action by the lender after mortgage arrears or another breach has not been resolved.
A possession order does not necessarily mean you will be removed from your home immediately. What happens next depends on the type of order and whether the lender takes further steps to enforce it.
What Happens After a Possession Order?
If the possession order is not resolved, the lender may take further steps to enforce it and apply for a warrant of eviction.
If a warrant is issued, a court bailiff can then arrange an eviction date.
If you receive an eviction notice after a possession order has already been made, HMS can assess the circumstances and help you understand whether an N244 application may be appropriate.
Can a Possession Order Be Stopped?
In some circumstances, action can be taken after a possession order has been made, but the approach depends on the type of order and the circumstances of the case.
If your lender is taking steps towards eviction, HMS can assess the order, review what has happened since it was made and help identify the most appropriate next step.
Where an N244 application is required, HMS can help prepare the application and supporting information.
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.
Suspended Possession Order
A suspended possession order can allow you to remain in your home as long as you keep to the terms set by the court.
Those terms may include maintaining your normal mortgage payments and making additional payments towards the arrears.
If the terms of the order are not maintained, the lender may take further steps towards eviction.
It is therefore important that any payment arrangement is realistic and affordable. HMS can help you review your circumstances and understand the options available if you are struggling to maintain a suspended possession order.
Expired Possession Order: What Happens After Six Years?
A possession order does not automatically expire or become unenforceable simply because it is more than six years old.
If six years or more have passed since the possession order was made, the lender will generally need the court’s permission before a warrant of possession can be issued.
This means an older possession order can still become relevant if mortgage arrears arise again or the lender decides to take further enforcement action.
HMS can review the possession order and the circumstances of any new enforcement action, explain the options available and help with an N244 application where appropriate. Get help now.
More Help With the N244 Process
For more detailed information about specific parts of the N244 process, see the relevant pages below.
How We’ve Helped Other Homeowners
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I cannot recommend David Harrison highly enough. He was very professional and knowledgeable throughout the whole process. From the first phone call they were an absolute super star.
Martha Ngara
October 27, 2025Very helpful advice given my term has expired but was given very good advice about my options & time frame
Ian Dunn
September 18, 2025What A Great Gentleman Richard is, absolutely Professional for the work he does. I was googling N244 at 1am in the morning as I was potentially looking at Repossession &... read more
Ajeel Safir
September 11, 2025I was in a low / dark place 18 months ago following some difficult personal circumstances. There were too many spinning plates and struggled to regain control, and faced certain... read more
Andrew Kiely
August 13, 2025 -
Richard was very easy to talk to, it was so reassuring that there are ways to help and he put my mind at rest, looking forward to taking to... read more
David Arnold
August 6, 2025What can I say about HMS,saved me from my property being repossessed on the last minute with the honest advice from Richard very much appreciated these guys are amazing.i called... read more
Gamming Channel
July 30, 2025Exceptional Support During a Difficult Time Homeowner Management Services went above and beyond when I was facing a very stressful situation with an inconsiderate lender trying to take possession of my... read more
Mjr David
July 28, 2025Ben was very understanding and helpful..I would highly recommend this company
Martin Garvey
June 5, 2025 -
Great understanding & very helpful advice on my pending repossession order. Many thanks...
Pam Benton
May 29, 2025Having problems with a possession hearing! Richard was amazing and incredibly helpful and supportive, he even took the time to offer free advice in writing to help me on the... read more
Jonny Worthy
May 28, 2025Ben was amazing and always available at any time of the day. Helped within a few days
Adam Ahmed
May 1, 2025HMS are brilliant.I have used this company a couple of times now and they cannot do enough for you.Richard,ben and david are an incredible team so much knowledge and confidence... read more
Jc S
May 1, 2025 -
I would highly recommend Richard and the term at Homeowner Management Services. They provided invaluable support and advice when I contacted them about my mortgage coming to the end of term. My... read more
Ann Mullins
April 30, 2025We had been given a repossession hearing by the bank which was scary. This would eventually lead to eviction even though we were not behind with our payments. Richard's advice... read more
Dave Wilcock
April 24, 2025Excellent, friendly, professional advice given
Stuart Kelf
April 14, 2025I spoke with Richard today. He not only put me at ease with my situation, but provided me with the next steps for me to take to get a better... read more
Jayne Forsyth
April 14, 2025 -
Excellent advice from David, very helpful, friendly and informative. Helped us with sound advice of how to deal with upcoming eviction or repossession orders. Feel a lot less burdened now. Keep up the... read more
Sam Kamal
April 2, 2025In May 2024 Landmark had started repossession due to the mortgage term expiring. I was totally expecting my house to be repossessed but then I spoke to Richard and the... read more
paula burns
March 19, 20252nd to none service from Richard and team. Swift response with excellent advice & support. Warmest regards. Lee D.
Lee Duke
February 26, 20252nd to none service from Richard and team. Swift response with excellent advice & support. Warmest regards. Lee D.
Lee Duke
February 19, 2025 -
Homeowner Management Services care! I was facing eviction from my home and Richard gave me excellent advice. He provided a legal argument to my case and when the Judge... read more
Rosemary Ebun
February 19, 2025It's been a one year and nine months since I deal with Richard and David they are amazing they keep looking after me what ever my situation but now it's... read more
Maria Cardoso
January 19, 2025the team at HMS what can i say a massive thank you to the team they not only helped me once but twice with repossession orders we owe them... read more
dale williamson
January 19, 2025Just let Richard know,I press one star thinking u pressed all stars, unfortunately it went off and put one star up and did write in my review that it... read more
Jane Hayward
November 19, 2024
