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Mortgage Repossession Claims

If you have a mortgage and you fall behind with your mortgage payments, your lender may decide to repossess the property.

Mortgage lenders – the bank or building society – are able to repossess mortgaged homes because once a mortgage is agreed and the monies are forwarded, the lender takes a charge on the property. This means that they have a right over the property and will hold the deeds until the mortgage is paid off.

A mortgage lender can issue a claim for possession of the property if you are unable to pay the mortgage arrears and continue your payments. Mortgage lenders should only take court action as a last resort option and should endeavour to resolve the issue by other means before repossessing the property. Lenders must also follow several procedures before they can repossess a home, these include;

  • Telling you exactly how much you owe
  • Consider a request from you to change your payment method
  • Respond to any payments offers you make – if they refuse payment they must give reasons why within 10 days
  • Give you reasonable time to make decisions regarding any proposals made
  • Give you 15 days written warning if they plan to start court action
  • Give you the date and time of a repossession hearing
  • Inform your council within 5 days of getting the court hearing date, in case you need to apply to the council as homeless

You may be able to come to an agreement with your lender even after court proceedings have started, in which case you will still be required to attend court but can inform the judge of the agreement when you are there.

If you cannot come to an agreement then you should contact a member of our Housing team as soon as possible.

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