Repossession Process...
Below are our articles on the subject of Repossession Process. If you can't see what you are looking for our other categories are displayed on the left under 'Our Quick Links'...
Applying to Stop Evictions
Once a possession order becomes enforceable, either due to the passage of time or the defendant’s failure to comply with any conditions contained in it, the claimant is...
Bankruptcy and Repossession
Bankruptcy proceedings may lead to the repossession and forced sale of an individual's home.
Discharge of a Bankruptcy Order
Bankruptcy rules have been...
Consumer Credit Mortgages
The main identifying feature of a consumer credit mortgage is that it will be for less than £25,000 (although, confusingly, not all mortgages for less than £25,000...
Defending a Mortgage Repossession Case
When a mortgage lender starts a mortgage repossession case the defendant borrower will receive a pack from the court which includes a Claim Form,...
Evidence in Mortgage Repossession Cases
Mortgage repossession cases are relatively informal. However, the basic legal rules still apply – including those relating to the use of evidence...
Facing Eviction
Eviction – surely one of those things that only ever happens to other people, not to people like you. The truth is that all sorts of people find themselves facing...
Lender's Solicitors
Lenders’ solicitors come in all shapes and sizes. Some will be small specialist units within a law firm whilst others may be more like a call centre operated by...
Money Judgments in Possession Cases
It can come as a shock to a borrower sitting in a court room, listening to a judge making a possession order over her home, and then - just when things could not...
Mortgages - Words and Phrases
Lawyers and judges are very good at using words and phrases that nobody else understands. Below is a list of some common phrases used in mortgage repossession cases....
Mortgages where Courts have Limited Powers to Assist
Most conventional mortgages are payable by monthly instalments. They are usually for a fixed length and at the end of the term the loan should be...
Negative Equity
The best investment you can make is in property. The news tells us this. All those property shows on television tell us this. Safe as houses - you cannot go wrong....
Negotiating with Your Lender
There are several stages to repossession - it will first be dealt with by the lender, then their solicitors, next it will go to court and ultimately, if the worst...
Pre-action Rules in Mortgage Possession Cases
New pre-action rules have been introduced to all mortgage possession claims relating to residential property. The rules, or pre-action protocol...
Preparing for a Mortgage Repossession Hearing
Mortgage repossession hearings are generally quite informal and it is not usually necessary for a borrower to have legal representation. However,...
Repaying Mortgage Arrears: Cheltenham & Gloucester V Norgan
Judges may give borrowers time to repay mortgage arrears before allowing a lender to repossess their property. The power comes from section 36 of...
Repossession for Arrears of Service Charges or Ground Rent
In some circumstances the owner of a leasehold property could face repossession due to a failure to pay service charges or ground rent....
Repossession of Property With Commercial Premises
The rules which apply to the repossession of commercial premises may also apply to a rented property which is partly residential and partly used...
Repossession Stages
1. Mortgage Account Falls into Arrears
For most mortgages the lender will not take any action until an account is two months in arrears. At that stage they may...
Shared Ownership and Repossession
Shared ownership schemes can seem like an ideal way for first-time buyers to get onto the property ladder. By only buying a percentage of the property a smaller...
Suspended Possession Order
When possession cases come to court lenders usually ask for a 28-day possession order. This will entitle the lender to repossess the property after 28 days. If the...
Talking to a Mortgage Lender's Representative at Court
For many borrowers talking to their mortgage lender's representative at court may be the first time they have a face-to-face conversation about...
The Council of Mortgage Lenders
The Council of Mortgage Lenders (CML) is the industry body or trade association for the mortgage lending business. Their stated aim is to encourage a “thriving...
The Defence Form in Mortgage Repossession Cases
When a mortgage repossession case is started the court sends the defendant borrower a claim pack. This will include many of the papers which the...
The Mortgage Pre-Action Protocol Checklist
Before starting a mortgage repossession case certain steps should be taken by both parties in an attempt to avoid the matter having to go to...
The Role of the Bailiffs in Property Repossessions
If a landlord or mortgage company obtains a possession order from the county court they will usually have to wait for several weeks before they...
Understanding Repossession
…I am writing to you about the arrears on your mortgage account… Words that nobody wants to read over their morning coffee. With most mortgages, if a borrower is...
Unsecured Loans & Charging Orders
Over the last few years there has been a growing awareness of a lender’s ability to apparently turn an unsecured loan into a secured loan. Borrowers have been...
Who Should Receive Notice of a Mortgage Repossession Case?
When a mortgage company decides to issue mortgage repossession proceedings the first person to receive notice should be the borrower or...
Will the Court Give Me Time to Sell My Property?
When a court is deciding whether or not to make a possession order – and what sort of possession order to make – they will generally have one...
