Stage 2 Of A Repossession - The Court Hearing
If no compromise can be reached between the homeowner and the lender regarding the mortgage arrears and a solicitor has been instructed to start court proceedings then the next step will involve the individual receiving a court summons letter.
The letter will state when the hearing has been scheduled for and it is at this stage that you need to seek immediate advice. The best thing you can do at this stage is get in touch with someone who can advise you on how to proceed and prepare for court. You will need to gather together any documentation in relation to your mortgage and learn how to negotiate with the lenders solicitors. The Citizens Advice Bureau can point you in the right direction here and give excellent free advice on your choices.
From the date of first receiving the court summons you will have at the very least 21 days in which to put together your case before presenting it before the court. Along with the letter will come what is called a "defence form", this is your chance to reply and give the court information such as the details of any proposal you made to the lender, your current situation when it comes to your finances and space for you to tell the court your reasons for defaulting on your mortgage repayments.
When the court date arrives then you will have chance to put forward your case in person. The lender will also have the chance to put theirs forward too and then the judge will make a decision. The judge has many choices here including
- Ruling against you in which case an eviction order will be set
- Adjourning the case or striking it out of court
- Laying out certain conditions to allow you to repay the arrears and remain in your home
- Allow you to put your home up for sale to avoid being repossessed
If the ruling goes against you and the judge declares that you must leave your home then you will be given a period of time in which to vacate the premises.
The information above regarding repossession is meant to assist you but is not definitive. You should not rely on any repossession information published on this page. You are advised to seek independent legal advice at an early stage.
Risk Warning: If you enter into a sale and rent back agreement you are unlikely to get the market value of your home and, as a tenant, may only be able to remain there for a limited period. There may be other options available. Please ask for a Key Terms Statement.
We do NOT offer the sale and rent back arrangements anymore. These arrangements are no longer authorised by the Financial Services Authority. No company can legally offer you a sale with a rent back. However, if you’re interested in selling without renting back, please get in touch with us today as we will be able to make you an offer.
