If you miss your mortgage repayments and cannot agree a repayment plan, your mortgage lender might start court action to repossess your home. There are steps you can take which may help you keep your home. The law for home repossession in Scotland is different. Free legal advice You can get free legal advice through the Housing Loss Prevention Advice Service if you receive written notice that you need to leave your home. A HLPAS adviser can: work with you to identify what may be causing someone to seek possession of your home and recommend potential solutions provide you with representation on the day of your hearing For more information, find a legal adviser through the Housing Loss Prevention Advice Service or contact the court where your case is being heard . You can also get free advice from: Citizens Advice National Debtline Shelter your local council

Before your case goes to court

What your mortgage lender must do Before a mortgage lender can repossess your home, they must: tell you how much you owe consider a request from you to change the way you pay your mortgage respond to any offer of payment you make give you reasons for turning down your offer of payment within 10 days give you a reasonable amount of time to consider any proposal they make give you 15 days’ written warning if they plan to start court action tell you the date and time of a repossession hearing let your council know within 5 days of getting notification of the date of the court hearing, in case you need to apply to the council as homeless Finding a solution Even if your mortgage lender starts a court action, you may still be able to reach an agreement with them. You’ll still need to attend court to tell the judge about the agreement, unless the court tells you the hearing’s been cancelled or postponed.

If your lender starts a repossession action against you, the court will send you a blank defence form and guidance on how to fill it in. You can use the form to explain why you think the lender should not repossess your home. You need to return it within 14 days. The court will also send you: copies of the claim forms for possessing your home, filled in by your lender a court hearing date the court’s contact details You can get help filling in the defence form through the Housing Loss Prevention Advice Service .

Help with legal costs

If you’re on low income, you might be eligible for legal aid . It can help you meet the costs of legal advice and representation in a court or tribunal. Free legal advice on the day If you have not received advice before, the Housing Loss Prevention Advice Service can help you. It provides you with a specialist adviser on the day of your hearing who can: represent you help you come to an arrangement with your mortgage lender to pay off your debts The scheme runs in county courts in England and Wales. For more information, contact the court where your case is being heard or find a legal adviser through the Housing Loss Prevention Advice Service . If the service is not available in your area, check with the court whether there are other advice services.

Repossession hearings normally take place in a judge’s chambers, not in a court room (although it’s treated as a court). You can bring an adviser or friend to the hearing, although they must be an adult. If you do not attend the court hearing, it’s likely the judge will give your mortgage lender the right to evict you. You must keep to any agreement you make in court to pay off arrears. If you do not, you may still risk losing your home. What to bring with you You’ll likely be asked for proof of your finances. This can include: payslips bank statements job offers letters about benefits estate agent letter, for example if you’re trying to sell your home to pay off the mortgage If you have not received advice before, you can get last-minute legal advice on the day under the Housing Loss Prevention Advice Service.

The lender can only repossess your home if the court grants permission. The judge could decide to: adjourn (delay) the hearing set aside the case, which means no order will be made and the hearing is finished make a repossession order Outright possession order This gives the lender a legal right to own your home on the date given in the order and is sometimes called an ‘order for possession’. This is usually 28 days after your court hearing. If you do not leave your home by the date given in the order, your lender can ask the court to evict you. Suspended possession order This means that if you make regular payments as set out in the order, you can stay in your home. If you do not make the payments, your lender can ask the court to evict you. Money order This means that you have to pay the lender the amount set out in the order. If you do not make these payments: money could be deducted from your wages or bank account bailiffs may take away things you own Your lender cannot use a money order to evict you from your home. If you do not make payments set out in a money order on time, your lender could go to court again. As a result, the judge could decide to give them a possession order. Possession order with money judgment A money judgment is usually added to a possession order. It means you owe a specific amount of money usually made up of: your mortgage arrears court fees your lender’s legal costs A money judgment will not apply if: you pay your mortgage arrears and any amount set out in a suspended order your lender sells your home and the sale price is more than the amount set out in the money judgment If you do not pay the amount set out in the money judgment, the lender may ask the court to carry out the instructions in the possession order and the judgment. Time order This means that the judge changes the amount you pay on your mortgage for a set time by: changing the regular amount you pay changing the interest rate on your mortgage delaying the next time you have to make a payment If you do not make the payments, your lender can ask the court to evict you. A time order is usually only made on some types of loan like a second mortgage.

You can ask a judge to ‘suspend the warrant for possession’. This means delaying the eviction or allowing you to stay in your home if you are able to make payments again. A new hearing will be held but the judge will not automatically agree to suspend the possession warrant – it depends what happens in court. If you want to get a warrant suspended, get advice immediately . Applying for a suspension If you want to apply for a suspension, you should fill out the application notice and either send it or deliver it to the court. You must tell the court that you need a hearing at short notice (before your eviction date). You’ll have to pay a court fee. You may not have to pay the fee (otherwise known as ‘fee remission’) if you’re on benefits or low pay.

Appealing a judge's decision

If you think the judge made mistakes about the law or the facts of your case in the original hearing, you may be able to appeal. Get legal advice if you want to appeal. Normally the appeal will be heard by a more senior judge. Permission to appeal You can ask the judge at the end of your original possession hearing if you can appeal. If the judge refuses to give permission to appeal, you can ask a more senior judge. If you get permission, make an application as soon as possible after your original possession hearing. You’ll have to pay a court fee. You may not have to pay the fee if you’re on benefits or low pay. What could happen At the appeal, the judge can make a number of decisions including: keeping the original decision dismissing the previous decision or changing it ordering a new hearing The judge can also decide who pays the legal costs of the appeal.

If your home is repossessed

Help from your council Your local council must give you advice to help you find a new home. Depending on your circumstances, they may also be able to provide you with emergency accommodation or a more permanent home. You may want to find legal advice to support you through the process. If you have a low income, help may be available through legal aid . Buying another property You must tell any new mortgage lender that your previous home was repossessed. This could make getting a new mortgage hard. Your previous lender may be able to claim some of the proceeds of your new home if you still owe them money when you sell it.

Home repossession

Get advice

If you miss your mortgage repayments and cannot agree a repayment plan, your mortgage lender might start court action to repossess your home.

There are steps you can take which may help you keep your home.

The law for home repossession in Scotland is different.

Free legal advice

You can get free legal advice through the Housing Loss Prevention Advice Service if you receive written notice that you need to leave your home.

A HLPAS adviser can:

work with you to identify what may be causing someone to seek possession of your home and recommend potential solutions
provide you with representation on the day of your hearing

For more information, find a legal adviser through the Housing Loss Prevention Advice Service or contact the court where your case is being heard.

You can also get free advice from:

Citizens Advice
National Debtline
Shelter
your local council

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