How to prepare for a court hearing
Here's a quick guide to help you prepare for a repossession court hearing and the
steps you should take to prevent your home from being repossessed.
Receiving a court summons: make sure you complete the reply form confirming
your intentions. If you wish to remain at the property, state this on the form.
Also put down details of your income and outgoings. The court will require evidence
that you can meet the current monthly instalment and an amount towards the arrears.
Send this back to the court and keep a copy for your records.
Contact your mortgage lender: even at this stage it is worth contacting the
lender to see if they will agree to a suspended possession order based upon payment
of the current instalment and an amount towards the arrears.
Attend the hearing: do so even if the lender suggests there is no point because
the court will order possession, and even if an agreement has been reached with
your lender. If you do not attend, the court has almost no alternative but to order
possession against you.
Offer to pay the current instalment: the hearings are in private chambers
and the District Judge will help you by asking relevant questions. If you wish to
remain in your home, make an offer to pay the current monthly instalment, and an
additional amount to clear the arrears. If the court is satisfied that you can maintain
this, the District Judge will grant a Suspended Order for Possession enabling you
to stay in your home.
Facing a Possession Order or Warrant: if you default upon payment, if a Possession
Order has been made or if a Possession Warrant has been issued, you should apply
to the court to suspend possession upon payment of the mortgage arrears. Your prospects
of success will depend on the level of arrears, the amount of equity in the property,
your financial position and any previous orders you've defaulted upon.
It's not too late to act during any stage of the repossession process. We can help
you with a quick property sale or with flexible plans to keep you in your home.
From the start the service was excellent. All questions and any issues were handled smoothly and diplomatically. Everything was explained and there were no hidden loopholes etc. The whole process went through at a timescale that was suited to our individual needs - a really first class service. I can honestly say that this is the best customer service I have ever received in the housing industry - thank you.
Mr O, Peterlee
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