Mortgage Arrears?
How to Stop Repossession or even Eviction!



Understand the repossession process, know your options and keep your home.
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About Repossession

Repossession is used to help lenders ensure that their debt is paid. The exact policies that decide when a lender is permitted to repossess your asset can depend on the company that you worked with and the specific contracts that you signed when taking out the loan or financing the asset.

If you are unable to continue to make payments on your loan, you are deemed to be in default, meaning that you have failed to live up to your financial responsibility to repay the loan. At this point, your lender is usually within their rights to start the repossession process.

The repossession process follows the steps below:

Missed Payments

The borrower falls behind on mortgage repayments, typically for a significant period of time.

Contact from Lender

The lender contacts the borrower to inform them about the missed payments and to discuss the situation.

Arrears Notice

If the borrower fails to address the missed payments, the lender sends an Arrears Notice, also known as a Default Notice or Notice of Intention to Repossess.

Possession Order

If the borrower fails to address the arrears or reach a suitable agreement, the lender can apply to the court for a Possession Order. This involves a legal process where the lender seeks permission from the court to repossess the property.

Court Hearing

A court hearing takes place to review the case and determine whether a Possession Order should be granted.

Possession Order Granted

If the court approves the Possession Order, it provides a specified time frame within which the borrower must vacate the property voluntarily

Eviction Notice

If the borrower does not comply with the Possession Order, the lender can apply for an Eviction Notice, also known as a Warrant of Possession.

Eviction

On the specified date, court-appointed bailiffs or enforcement officers execute the eviction notice.

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