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HOUSE REPOSSESSION

The Repossession Process Explained

The Repossession Process Explained

If you are worried that your home is going to be repossessed, then understandably you will be anxious and upset.  Many people find the whole repossession process a complete nightmare and at the same time a complete mystery and often they may fear that their home is going to be repossessed when in fact they are a long way away from repossession.  Even if repossession is looming there is still action that can be taken!

Legal Reasons For Repossession

If your home is going to be repossessed then there has to be a bona fide legal reason to repossess it.  The mortgage lender cannot simply decide that it is going to seize possession.  It can only do so with a justifiable legal reason.  That may well be because you have fallen into arrears with your mortgage payments and as such you can be viewed as having defaulted on your mortgage and because you home acts as security this can be a legal reason to repossess your home.

Since the financial crisis of 2008 more and more repossessions have happened and the most common reason is in fact mortgage arrears.  However even if you have fallen into mortgage arrears it is still possible to avoid repossession if you contact your mortgage company and agree a payment schedule. 

Initially when you fall into arrears then the mortgage company will write to you and say that you either need to pay the arrears or they need to arrange a pay back schedule with you, so that you can repay the arrears over a certain length of time.  It is vital that you respond to this letter because if you don’t then they will reply; telling you that they are going to go to court.  This letter is titled the Notice of Intended Prosecution and after they have sent this, they can then apply to the court for a possession order.  A court hearing will follow if you do nothing. 

Thus it really is critical that you reply to any arrears letters.  The mortgage lender will not want to repossess you - it is in their interests to ensure that you can continue to pay the debt (the mortgage).  But you need to work with them!

At this stage you should think about whether or not you can pay, or whether or not you want to sell the home, just get rid and clear the majority of your debts.

A Court Hearing

Even if you are in arrears with your mortgage then the mortgage company cannot simply decide that it has had enough and that it is going to repossess your home.  It actually has to apply for a court hearing and only a judge is able to decide whether or not your home will be repossessed.

The court hearing may think it is not in the best interests of all parties to have you evicted and if you have offered to pay back the outstanding arrears over a reasonable period, then the hearing may not result in an eviction date being agreed.  So don’t assume that just because you have a court hearing, you will face eviction; there is still action that you can take to avoid this.  Try to enter into dialogue with the mortgage lender or consider a quick sale to simply get shot of the debt!