Mortgage Repossession Claims

Mortgage Repossession Claims

If you have a mortgage and you fall behind with your mortgage payments, your lender may decide to repossess the property.

 Mortgage lenders – the bank or building society – are able to repossess mortgaged homes because once a mortgage is agreed and the monies are forwarded, the lender takes a charge on the property. This means that they have a right over the property and will hold the deeds until the mortgage is paid off.

A mortgage lender can issue a claim for possession of the property if you are unable to pay the mortgage arrears and continue your payments. Mortgage lenders should only take court action as a last resort option and should endeavour to resolve the issue by other means before repossessing the property. Lenders must follow the rules, which are contained in the pre action protocol. Lenders must also follow several procedures before they can repossess a home, these include;

• Telling you exactly how much you owe and any payments over the last 2 years
• Consider a request from you to change your payment method
• Respond to any payments offers you make – if they refuse payment they must give reasons why within 10 days
• Give you reasonable time to make decisions regarding any proposals made
• Give you 15 days written warning if they plan to start court action
• Give you the date and time of a repossession hearing
• Inform your council within 5 days of getting the court hearing date, in case you need to apply to the council as homeless

You may be able to come to an agreement with your lender even after court proceedings have started, for example it could be a payment plan or a delay as you plan to sell your property, in which case you will still be required to attend court but can inform the judge of the agreement when you are there.

If you cannot come to an agreement and if your Lender is taking action, then you should contact a member of our Housing team as soon as possible.

Get in Touch

At Duncan Lewis our team of dedicated housing solicitors can advise you on the options available for remaining in your home if you have fallen into mortgage arrears.

Duncan Lewis can also advise on settlement negotiations/dispute resolution and mediation in mortgage arrears repossession claims.

If you are already on the verge of losing your home and being evicted, Duncan Lewis housing solicitors can take swift action to help you. We can also advise on applying to the council to be housed if you are already homeless (for example, you have lost your home and are staying on a friend’s floor).

If you feel that your home might have been repossessed illegally, we can offer expert legal advice on illegal eviction.

For expert legal advice on Mortgage Arrears Repossession Claims including mortgage arrears and what to do if your lender is trying to repossess your property, do not hesitate to call one of our expert Duncan Lewis Housing Solicitors on 033 3772 0409.