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What is the mortgage repossession process? 2019-12-19T15:12:39+00:00

The Facts about Repossession

Repossession threatens owner-occupiers with the loss of their home if they fail to pay the agreed monthly mortgage instalments. Nevertheless, even after lenders decide to initiate legal proceedings, it could still be possible to avoid repossession by taking the appropriate action at each stage. Below, we detail the process step by step. 

1. Missed Payment(s)

If you miss a monthly payment, the lender will contact you. Typically, the bank, building society or other mortgage company will ask how you plan to pay back the amount due. At this stage, it is a good idea to get some debt advice so that you understand all the options available.

Wherever possible, try to keep channels of communication open with the lender. Check your domestic budget, including all income and expenditure. Look to prioritise paying off debt(s) and prepare a financial statement, with help if necessary. 

In dialogue with the lender, try to agree affordable continued repayments, perhaps of an amount lower than before. Depending on the mortgage contract and lender, you could change the type of mortgage – or take a payment holiday. Alternatively, you might conclude that the mortgage is not affordable and, therefore, ask the lender to give you time to sell the property.

2. Lender Initiates Possession Proceedings

Repossession should only occur as a last resort when a lender is unable to agree a repayment plan. Throughout the financial sector, codes of practice regulate service providers, including mortgage lenders. This framework means that the bank or building society must give you a detailed statement that lists payments, interest and other charges as well as the sum outstanding. 

3. Court Notification

To commence legal proceedings for possession, the lender will apply to the district court. In turn, the court then sends a summons notice out with details of the place, date and time. From receipt of the document, there is typically an interval of some three to eight weeks until the hearing.

4. Attend the Hearing

It is essential to attend court on the day. Notably, owner-occupiers who are in payment arrears and who do not turn up for court hearings are at a severe disadvantage because the lender usually gains a possession order. 

During the hearing, your legal representative will support you. If you do not have a representative, you could ask for help on the day instead, through the court duty scheme.

5. The Decision

During the hearing, the judge will listen to the facts and consider the alternatives, in the circumstances. He or she will listen to both sides of the argument; the fact that a lender has applied for a repossession order does not mean that the court will automatically grant one. 

Then, the court will likely decide to make one of two types of possession order:

  • A suspended order, where you continue to live in the home on specific terms. To address the arrears, the court will set an amount on top of the normal monthly mortgage instalments.
  • An outright order. More seriously, these set a date to leave the property.

However, in some cases, the lender’s action may be adjourned or dismissed.

6. Eviction by Bailiffs

If the court grants an outright possession order, or if the owner-occupier breaks the terms of a suspended order, the lender can apply for an eviction warrant. If granted, the mortgagor (i.e., the owner-occupier in arrears) then receives an official notice. Unless avoiding action is successful, eviction could then occur in fourteen days.

Sale of the Property

Following an eviction, the mortgage lender would look to sell the property. After receiving the sale proceeds and paying off the outstanding mortgage, bona fide costs and secured creditors, the ex-owner receives any remaining funds. Conversely, in the event of a shortfall, he or she remains liable for paying the remaining balance.

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

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 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

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 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

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

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