They won't need to go to court again to do this. If the possession order is suspended , the money judgment will usually be suspended as well. This means that it won't come into force unless you don't keep to the terms of the suspended possession order and your lender is allowed to evict you.
If you believe that the judge was wrong to make a possession order, you may be able to appeal to a higher court.
You may be able to do this if you think the correct procedures weren't followed, the law wasn't applied properly or the facts the judge used to make a decision at the hearing were wrong. There is a time limit of 21 days to apply. You may be able to apply to set aside the possession order. For example, if you had good reason for not attending the hearing and you have a defence against the claim. If the court has made a suspended possession order , you can apply to change vary the terms of the order.
You might want to vary the terms if, for example, you can no longer afford to keep up the payments ordered or the sale of your property is taking longer than the court has allowed. You can apply to vary the terms of the order on form N You can download the N form on GOV. UK or get one from the court. There will be another court hearing.
You should attend the hearing with evidence to support your application. For more information about the kind of evidence a court might need to see, see Your mortgage lender takes you to court — how to prepare for the court hearing.
For information about suspending an outright possession order, see Eviction for mortgage arrears. In mortgage cases, the lender is usually allowed under their contract to pass on all their recovery costs to you, the borrower.
They do not need a court order to do this. The court might, however, be able to order that some or all of the costs are not added. They might do this if they think the costs are unreasonable or your lender has behaved unreasonably in starting possession proceedings.
The situation may be different if you are getting legal aid. Your solicitor will be able to tell you more about this. You can:. Go to www. If you're not happy with the way your lender deals with your case, you can make a complaint to the Financial Ombudsman Service. Financial Ombudsman Service Consumer helpline: or Monday to Friday, 8am to 5pm Telephone switchboard : Next-generation text relay: Monday to Friday, 9am to 5pm Fax: Complaint form Enquiry form www.
If you have mortgage arrears and you are thinking about selling your home to pay them off, you should get independent financial advice. The following organisations can help you find an independent financial adviser:. Website: www. Email: enquiries financialplanning. Email: customer. Skip to navigation Skip to content Skip to footer.
Top links Housing benefit. Top links Template letter to raise a grievance at work. Repossessing your home should be the lender's last resort. MABS is centrally involved in the Abhaile scheme for people who are in serious mortgage arrears and at risk of losing their home, This scheme provides a range of services to help you to deal with your situation, including financial advice, legal advice and insolvency advice.
Read more on mabs. Even if you have no mortgage on your home, it could be in danger of repossession if you have other debts. If you have exhausted all the options open to you, the lender can repossess your home in order to recover the amount you owe. If you do not agree to the repossession, the lender may take you to court. The legal processes are described in detail below. When your home is to be repossessed, you will need to find somewhere else to live.
You can apply to the local authority county or city council to be housed. There are also a number of voluntary housing associations which provide social housing. If you cannot find anywhere to live, our document on housing and other supports for homeless people may be useful. In , a High Court decision established that there were legal difficulties with getting orders for possession of certain properties.
This decision was made in a number of cases where mortgage providers were applying to repossess mortgaged property. Put simply, the decision meant that, in the case of mortgages created before 1 December , it was very difficult for a mortgage provider to get an order for possession unless the court proceedings were started before that date. This situation arose because the law was changed on 1 December An existing law governing repossessions was repealed by the Land and Conveyancing Law Reform Act , which provided for repossessions but applied only to mortgages created after it came into effect.
The Land and Conveyancing Law Reform Act was introduced to remedy the legal difficulties described above. It also provides for a court to adjourn repossession proceedings for up to 2 months in certain situations, to allow the possibility of a Personal Insolvency Arrangement PIA to be explored as an alternative to repossession.
You can consent to have your home repossessed. You may agree terms with your lender for the sale of the house, if you are unable to pay your mortgage.
The lending institution must get a court order to repossess or sell your house unless you consent in writing 7 days before the repossession or sale. In some cases, the lending institution may have difficulty in finding a buyer who would be willing to buy the house unless there is what is known as a well-charging order in place. This is a court order which, among other things, allows for the sale of the property. In general, a lending institution may start the proceedings for repossession in either the Circuit Court or the High Court.
However, if the mortgage was taken out on or after 1 December , then a case for the repossession of the home arising from default on a housing mortgage loan must be first taken in the Circuit Court. The Land and Conveyancing Law Reform Act described above , has extended this rule to housing loan mortgages taken out before 1 December A housing loan mortgage is the usual kind of mortgage that individuals take out in order to build, buy or improve a house. Cases involving repossession for default on other kinds of mortgages may continue to be taken in either the Circuit or the High Court.
These orders may be granted in the same proceedings. The bank may not repossess your property or any other asset in your name while you are in debt review or even applying for debt review. This solution could give you more time to sort out your financial situation. Steps to follow when buying a repossessed property. Estate agents often also have details of properties in possession;.
If major repairs need to be made, rather get an expert to give you a proper quotation rather than doing the cost estimation yourself and getting it wrong, as this could cost you dearly in the end;.
You may apply at any bank of your choice;. The purchaser also needs to obtain a certificate confirming that the property is free from infestation by timber destroying or boring insects, and rising damp. Source: www. The court will have an equitable resolution to its problem. The bank gets its money. You have your debts paid off. You should not be punished for dreaming of owning a beautiful home. Everyone has tough times. Selling your house allows you to recover value from your home.
You can expunge your debt and get on with your life and mortgage again when the circumstances get better. Registration No: Any information on this website must not be taken as investment advice. TIC Finance cannot be held liable for any written information. We do not guarantee completeness or accuracy of the information on this website. House Repossession Process. Suspended Possession Order Hiring a good finance company or solicitor enables you to properly respond during court proceedings and negotiations.
Take the bull by the horns! The property documents, location and liens have already been authenticated, so the transaction can be expedited to a few days or weeks.
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