Knowing where you are in the repossession process is key to addressing the issue. Below we give an overview of the repossession process as it normally pans out.Firstly, the account falls in to arrears. The lender may contact you first or they pass the account to their Litigation/Collections Department for review. Next, if arrears continue or payment arrangements are broken, the Lender may instigate Possession Proceedings through the Court.Then a Court Hearing will be scheduled. A letter will be sent to you providing a time and date for a Hearing before the Judge. If things go in favour of the lender a the court hearing then the judge will grant the lender a Possession Order. This will be sent in writing and will give a date for possession – you are asked to vacate voluntarily on or before this date. Continue reading
The Repossession Process
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Tagged Repossession, repossession guide, Repossession Process, stages of repossession
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Repossession Help – Welcome
Having a roof over your head is one of life’s basic needs. When there is a threat that this will be taken away, it is understandable that many people panic, get very stressed and worried and consumed with fear. They don’t know what to do or where to turn and the prospect of having to deal with lenders, solictitors and/or judges at court seems all too daunting.Why not use the fear or losing your home as your motivation to act? That’s right, the most important thing you can do if you are facing repossession is to take some action and/or get help. If you do nothing then you will lose your home. So, take action and you give yourself a great chance of keeping a roof over your head.By visiting the Repossession Help website you have taken the first important step to addressing your problem. Well done. Keep up the momentum! It’s important that you realise that it is often possible to stop repossession proceedings and to remain in your home. Repossessions are suspended and stopped all the time….but only when people take appropriate action. Continue reading
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Posted in Eviction, Mortgage Arrears, Repossession
Tagged Eviction, Mortgage Arrears, Repossession Help, Respossession Worries
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Early Stages of Repossession
If you miss or are behind with payments on your motgage or any loan secured on your property then you are said to be “in arrears” or to have “mortgage arrears”.
Once you are in arrears you ae in danger of having your home repossessed if you do not act. Normally lenders wait for two payments to be missed before taking serious action. Repossession proceedings occur because your mortgage or loan provider, as part of the contract you have with them, has the right to take back control of the property and sell it to recover any arrears and outstanding balances due. This is , however, the last resort for the lender and there are several stages where you have the opportunity to prevet this.
Stage 1 – Lender chases for missed payments.
Initially your lender(s) will contact you in writing or by telephone to chase for missed payments.
Action you can take: Talk to your lender. Inform them of your situation and try to reach an agreement with them so that you can make additional monthly payments to pay off the arrears over a period of time. Make notes about any conversations you have (including date, time, who you spoke to and the outcome of the conversation) and get details of any agreements reached sent to you in writing (such as a new schedule of payments and any conditions).
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Posted in Mortgage Arrears, Repossession
Tagged Mortgage Arrears, Repossession, Repossession Process
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Repossession Proceedings
If you have missed payments but have not yet received a court summons or hearing date see the article Arrears & Early Stages of Repossession – Actions You Can Take.
Stage 3 – Repossession Proceedings
The timings varies, but after around 4-6 months or more of arrears, the lender’s solicitors will issue Repossession Proceedings with the County Court. Once the court has received this instruction, a hearing date wil be set.
Action you can take:
Make sure you :
Complete and return the Court summons. Complete the reply form recived from the Court stating your intentions e.g. that you wish to remain at the property. Include as much detail as possible about your income and outgoings as the court will require evidence that you can meet the current monthly instalment and an amount towards the arrears. At this stage you could also include a letter and a copy of any supporting information you feel relevant (such as conversations or attempt negotiations to reach agreement with your lender). Send the form back promptly to the court (take it by hand if you can) and keep a copy for your records. Remember to make a note of the hearing place, date and tiem and make any arrangements so that you can make it.
Try contacting your lender. Offer to pay the full regular monthly payment for the month together with a contribution towards the arrears if you can afford to. They may agree to suspended proceedings (known as a suspended possession order – see stage 4) on reciept of these payments, provided they are received before the hearing date. Make sure you attend the hearing. Sometimes lenders will tell you that you have no chance of suspending proceedings, but it is not their decision, it is that of the judge. Even if an agreement has been reached with your lender you should still attend. If you do not attend, the court has almost no alternative but to order possession against you.
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Repossession Court Hearing
If you haven’t yet gone to court or received a court order you are in an earlier stage of the repossession process. You may find the Early Stages of Repossession (stages 1 and 2) and the Repossession Proceedings (stage 3) artciles useful.
Stage 4 – Repossession Court Hearing – The Court Order
At a possession hearing your case will be heard in front of the Disrict Judge on private chambers. The judge will help you by guiding you and asking you simple relevant questions. At the hearing, which often last no more than 10-20 minutes, state your intention clearly. If, for example, you wish to remain in your home make an offer to pay the current regular monthly payment together with an contribution towards the arrears (each month). If the judge believes you can maintain this then a Suspended Possession Order (see below) will be granted enabling you to stay in your home.
There are a number of possible outcomes at the hearing, depending on your situation and circumstances of the case:
