Repossession Process 3
Notice from your lender
Firstly your lender, your freeholder or their solicitor, should contact you, asking you to put the problem right. If they are not happy with your response, they should write to you, warning you that they are going to start court action. They can then apply to your local county court for a possession order.
A summons from the court
The court will write to you telling you when a hearing is to take place. This is called a summons. When you hear from the court, if you have not already done so, you should get advice immediately about what to do next. It is very important to reply to the court. Failing to reply can harm your case.
The hearing
At the hearing, the judge will hear evidence from you and your lender or freeholder before making a decision. The judge may: adjourn the case, strike it out, allow you to stay in the property provided you keep to certain conditions, such as repaying the arrears in instalments, or give you time to sell your property to avoid repossession, or decide that you should be evicted
The court order
If the judge decides that your home is to be repossessed, the court order will set a date for you to leave. If you have not left by that date, your lender or freeholder must apply to the court for a bailiff's warrant. The bailiffs will write to tell you when the eviction is to take place, and when they come, they can remove you from your home.
Avoiding payment problems in future
If you are worried that you may have ongoing problems affording your mortgage, you should get advice to stop your arrears from increasing. If your lender or its solicitor contacts you about your arrears, don't ignore their letters or phone calls. If you don't respond, your lender is much more likely to take you to court.
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Mr & Mrs Gowell
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