House repossession process
Before your home is repossessed, a lot of steps need to happen. This can take many months, so you do have time to get help and stop the process from going any further.
1. Your lender will contact you about your missed mortgage payments
You should contact your lender if you are finding it hard to make payments. But, if you do not contact them, they will get in touch with you.
They will try to make a plan with you to recover the payments you missed.
At this stage, there is plenty you can do to get back on track:
2. Your lender starts court action
If you cannot agree to a payment plan with your lender, they may begin court action.
They must give you:
- A list of all your missed payments
- The total amount of your missed payments
- The remaining amount to pay on your mortgage
The court will send you paperwork. Make sure you keep these together in a safe place.
Get in touch with us for support and advice if this happens.
3. Possession hearings
A possession hearing takes place so that a judge can decide whether you can afford to keep your home. It does not always mean that you will lose your house.
You must attend the hearing. You are more at risk of losing your home if you do not go.
It is not too late to ask for help. Even if you have been given an eviction date.
4. The court makes a decision
There are two types of possession order.
An outright possession order
The court sets a date that you must leave your home. The date could be very soon after your court hearing.
A suspended possession order
With this type of order, you may be able to keep your home. But, you must:
- Pay an amount set by the court on top of your regular mortgage payment
- Follow the terms set by the court
5. Eviction
Your lender can send bailiffs to evict you from your home if:
- You have not left your home by the date set in your outright possession order
- You broke the terms set out in your suspended possession order
Your lender will let you know if they plan to evict you. They must also have a warrant from the court.
You can still stop the eviction taking place, but you must take action within 14 days. We recommend that you contact Shelter for advice if this is happening to you.
6. Your home will be sold
If you are evicted, your lender will sell your home.
- Your lender and any other secured debts will use the money to clear your debt with them
- You will get any money left over
- If the sale does not cover your debt, you may be asked to pay this back