Expired Possession Order2024-01-30T11:33:28+00:00

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.

Expired Possession Order

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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.

Meeting

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.

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.

28 Day Possession Order
56 Day Possession Order

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 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.

Suspended Possession Order
Expired Possession Order

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.

How to Stop Repossession

Make sure you talk to your lender

1. Don’t take emergency finance

Other companies may have misled you into believing that a bridging loan or short-term finance is your best or even only choice. That’s not true. The temporary relief will be short-lived when you are facing repossession for a much higher sum.

Try not panic and stay calm

2. Don’t accept a quick sale

In desperate situations, you may be tempted to accept a below-market-value “instant cash” offer on your home. Avoid quick sale companies at all costs—they profit from your misfortune. We can provide better options.

 Review household expenditure

3. Get us to help

We can help you navigate through your options. We will force your lender to give you time to make a decision that suits you. Our first step is to assess affordability for you to keep the property long-term. If this is not an option, then we will ensure you speak to regulated finance professionals or have time to sell your property on the open market.

What People Say

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