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:

Case dismissed (or Adjourned indefinitely). This means the reposession has been stopped. For example, following full payment to the lender to cover the missed payments (i.e. the arrears are paid off).

Case adjourned. If for some reason the hearing cannot proceed then a new hearing date will be set. For example, if  your case needs further information or clarificatiom.

Suspended Possession Order. This means that if the current regular monthly payment is made, together with an agreed amount towards the arrears each month the possession order is suspended (i.e. similar to bail in criminal cases). This is a common outcome as it is easily applied by the courts, it gives the lender security and presents you with a second chance. This order will be granted if the judge believesyou can meet the agreed payments. If however you default on the agreed terms of payment, the lender has the right to seek possession by Eviction or Possession Warrant (see below) - without a further hearing.

Action you can take: Make sure you pay the correct amounts due on time. This includes paying your regular monthly mortgage or loan payment together with the agreed additional contribution towards your arrears.

Possession Order. This is were your lender has been granted the right to possession of the property after a fixed period, normally 28 days. This outcome is common where the judge has seen no attempt by you to make contact with the lender, the lender’s solicitor or the courts, or where the judge deels that you simply cannot afford to meet regular payments or make a reasonable contribution to paying off the arrears.

Action you can take: Explore your options (see related articles). It is not too late to act and save your home.