Thousands of applications for possession are made every year and the likelihood of your mortgage lender being awarded possession by the court is very high if you either have arrears or an expired mortgage and have not repaid the mortgage balance.
A possession order is where the court has assessed the Claimants Claim (usually a Mortgage Lender) against you and awarded them possession of your property. Importantly, this does not mean they own your home, or indeed that they actually have physical possession.
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, they simply 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, and they will organise a locksmith to change your locks and an estate agent to collect the keys.
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There are several different types of Possession Order.
28 Day Possession Order
A 28-day Possession Order is often the default order awarded to the claimant (typically your mortgage Lender) when the Defendant (the Homeowner) either does not attend the hearing or fails to submit a satisfactory defence.
The 28 days starts from the day of the hearing, and after that 28 days, the Claimant technically has possession, which means they can apply for an eviction date to appoint a Bailiff and evict the Defendant from the property.
An agreement can be made with your Mortgage Lender during the 28 day period. However, you must ensure that the agreement works for you. We can talk you through your options before you try to negotiate to inform you what you can achieve in your circumstances.
56 Day Possession Order
A 56-day Possession Order is the same as a 28 day order, except that it is longer. 56 days is usually granted when a Defendant attends the hearing and the Judge has sympathy with the Homeowners circumstances but has no legal grounds to refuse the Claimant possession. This is particularly common in cases where the Mortgage term has expired.
The 56 days gives the defendant a slightly longer time frame to reach an alternative resolution which can be raising finance to clear the arrears or balance of the mortgage, or indeed if there is a sale in place and it needs time to complete.
It is important to understand what you are asking the court for any 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 of the best strategy to ensure the longest possible time frame.
Suspended Possession Order
A Suspended Possession order is where a Judge has made an order that sets out terms for the Defendant to follow, typically a minimum payment towards their arrears every month.
If the Defendant fails to maintain the terms set out by the order, the Claimant can apply for eviction immediately with as little as 2 weeks’ notice legally. It usually takes longer to arrange in practice.
It is therefore essential that the terms of your order are appropriate and reasonable and reflect your circumstances so that you have 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 moving forward and 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 cannot afford.
If you are not sure what to offer, you simply need to call us and we will talk you through the options that are specific to your case. 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 previously; and then fall into arrears again years later, the Possession Order is still enforceable by the Claimant to proceed to eviction.
After 6 years the Possession order expires, however, 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 to restore the possession order, the Judges hands are normally tied in having to grant the extension of the Possession Order because your Mortgage Lender or the Claimant can claim that it is in the best interest of the courts and the interested parties in terms of both time and costs. i.e. 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, and we will need to discuss it with you, so complete the contact form or give us a call.
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!
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.
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.
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!