Repossession Order
If you are behind on mortgage payments and have not made an arrangement with the lender to repay the arrears, then the mortgage company may issue a repossession order and start possession proceedings in the County Court to take back the property.
The first stage is for the lender to issue you with a form stating the date and time of the hearing at your local County Court. The claim form will include:-
- The property to be recovered.
- Whether the loan is regulated by the Consumer Credit Act 2006.
- Account details, including details of arrears.
- Diary of previous repossession attempts.
- Details of what the lender is seeking; repossession and/or payment of arrears.
The repossession order It will be accompanied by a Form of Defence N11M (formsn11m.0406.pdf) which you must return within 14 days and include details of how you intend to bring in arrears of payments up-to-date. In addition, you should attend the Court Hearing as this will give you an opportunity to explain to the District Judge your proposed repayment.
If the District Judge believes your efforts to be reasonable, then he is likely to grant a suspended possession order which allows you to stay in the property as long as you meet the revised repayment schedule. Should you fail to do this, then the lender can apply for a “Eviction Warrant” without further Court actions. The bailiffs will then set a date to visit your property to ensure that it is vacated.
If the Court is not convinced that you can realistically clear the arrears, then they are likely to grant a possession order which is usually effective in 28 days. If you wish to stay in your property contact your local Citizens Advice Bureau to see if they can assist you.
