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REPOSSESSION

Do you have the prospect of repossession hanging over you?

 

Each year, many people are at risk of having their homes repossessed, and the numbers are rising. The majority of mortgage repossession claims, however, don’t result in the owner losing ownership of their home. The lender is only looking to take possession of the property, not ownership.

 

The good news? 94% of mortgage repossessions can be stopped. If you’ve fallen into arrears then you will need to communicate with your lender. Don’t bury your head in the sand or try and ignore the situation. This won’t help. Always negotiate with your lender for a new arrangement, and be receptive. Your lender is more likely to go to court if you don’t communicate with them. Another wise move: seek out independent advice.

 

This is where we come in, Stop Repossession Now. We know that times like this are worrying and difficult, but it’s during those times when you need to reach out and find the right help from a fully-qualified solicitor, such as we can provide.

 

Stop Repossession Now can help you now. So what are you waiting for? Contact us straight away and we’ll provide the help you need.

STOP REPOSSESSION NOW SERVICES

  • Missed payments and arrears on your mortgage

  • Communication with lenders

  • Plans to make affordable arrears repayments

  • Advice on repossession process and steps

  • Hearing applications

  • Completion of forms such as N244

  • Repossession hearings

  • Defence in court

  • Stopping an eviction

  • Suspending a repossession order

  • Setting aside a warrant for eviction

  • Preventing lenders and bailiffs through a court action 

Business Meeting

REPOSSESSION HEARING

  • Should the lender issue proceedings against you, a possession hearing will take place so that a judge can decide whether you can afford to keep your property. It doesn't automatically mean that you'll lose your home.

  • If the lender refuses because of failed arrangements, unpredictable budgets or missed payments it will be necessary for you to apply for a county court hearing (Form N244) and attend court to make an arrangement with the judge to suspend the eviction warrant. 

  • The mortgage lenders send an advocate to represent them, someone who will usually get the case file the night before, or the morning of, the hearing. The advocate will usually speak with you in a side room before the hearing. Please do not be intimidated by them.  Even if they oppose, it is to be expected and you can still get the outcome you want. 

  • Please remember that judges are keen to avoid repossession and will consider valid reasons to help you and let you stay in your home. This is irrespective of whether possession, or indeed, eviction,  has been granted or not.

Business Meeting

EVICTION WARRANT

It is important that sufficient information is provided to the judge in support. For example:

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  1. An arrangement to repay the arrears over time (S36 Administration of Justice Act), usually a permanent arrangement.

  2. Time to sell your property, usually a 2 month extension followed by additional time if demonstrable progress has been made e.g. exchange of contracts.

  3. The possibility of a lump sum to repay arrears, from such forthcoming events as inheritance, redundancy payments, compensation payments, claims being progressed (bank charges, ppi charges, etc.) or equity release, sale of other property etc. Usually a 2 month extension is granted followed by a further extension if progress is demonstrable.

  4. The previously granted Suspended Possession Order is up to date and should remain in place.

  5. A tenant who was unknown to the lender who needs 2 months notice to relocate, (Mortgage Repossession Protection of Tenants Act). A 2 month extension is granted, but can only be requested once.

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