Repossession Proceedings

Don't Let Them Take Your Property

The Repossession Stopper can help you to stop an impending eviction, whatever stage of the process you find yourself in:

• If you have missed mortgage or loan repayments and fear repossession - We can help!
• If you have received a court date, it is not too late! - However if you do not act quickly then you could find your home being repossessed!
• Even if you have been to court and have already handed over the keys to your home, as long as the property has not yet been sold then it is not too late to stop your repossession!

Repossession Proceedings

Under the terms and conditions of your mortgage contract it will state that your home may be repossessed if you do not keep up the repayments. This means that your lender will have the right to issue repossession proceedings if you do not make your required payments. Different lenders will take action at different stages however normally two months of arrears is sufficient for a lender to take action.

In the initial stages, most lenders will try to come to an arrangement to clear the arrears over a period of time and thus avoid taking repossession proceedings. Often the lender will allow an increased monthly payment to be made over a set number of months, until the arrears are cleared.

If the lender is not satisfied that this agreement is being met, or if they are concerned about the level of the arrears, then they may approach the County Court for a repossession order. This is the start of the repossession proceedings and if the order is granted by the courts then it is highly likely that the property will be repossessed. The lender will take control of the situation, sell the property and recover the outstanding mortgage balance.

It is important not to ignore the problem and to keep the lender informed of your position. There will always be numerous letters sent and phone calls made before the repossession proceedings reach the courts. Often an arrangement can be made in the early stages of the arrears. If an arrangement is not made and the problem escalates, then the solicitors will get involved and ultimately the courts.

The solicitors will issue the County Court repossession proceedings. The court will set a hearing date with which you must attend. The courts can make a number of decisions:

• The case will be adjourned and you will be given a new date for your hearing. This might happen for a number of different reasons including the court needing further information of your case.

• The case will be dismissed or adjourned indefinitely. This will usually only happen following full payment of the arrears.

• The lender will be granted with an order for possession which can give the lender the right to possession after a fixed period – typically 28 days.

• The courts will suspend the repossession order. The order is suspended pending payment of the agreed amount to clear the arrears and of the current monthly mortgage payment.

• The courts will grant a possession warrant or notice of eviction. This will happen if you have not abided by the courts ruling following the suspended repossession order, or the order of possession has passed. You will then receive a date and time from the court as to when you must leave. The court bailiff will arrive with a representative of the lender and a locksmith to take formal possession of the property.

Even if you have received an eviction date from the courts, it is not too late to stop the repossession!

If you have been threatened with repossession you need to act now to stop this from happening, complete our quick form here and we will do our best to help you.