On receipt of the Court Possession Summons – 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.

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 in principle is in place with the lender. If you do not attend, the court have almost no alternative but to order possession against you.

The hearings are in private chambers and the District Judge will help you case your position by asking relevant questions.

If you wish to remain, 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 invariably grant you the opportunity to stay by making a Suspended Order for Possession (See ‘Understanding the Possession Process’)

If you default upon payment, or a Court Possession Order has been made, or a Possession Warrant has been issued, you can still make an application to the court to suspend possession upon payment of the mortgage + arrears (your prospects of success will be largely dependant upon a variety of factors; the level of arrears, the amount of equity in the property, your financial position, and any previous orders that have been defaulted upon)

At any stage of the possession process, and prior to eviction , SpeedySales© may be able to help see How We Can Help

Being repossessed? Call us today for a confidential chat on 0208 245 4543

<< Previous    1  2  [3]  4  5  ...12    Next >>