There are several things you can do to make sure your home isn’t repossessed. It’s never too late to get advice, so don’t walk away or hand over your keys to your lender. Find out how to get help to keep your home if you are facing repossession.
Speak to your lender as soon as you think you have a problem making your mortgage repayments.
Generally, lenders are willing to talk about your situation and help you find a solution. There is a set of conditions called the ‘pre-action protocol’, which your lender must fulfill to give you every chance to keep your home. If your case goes to court, you and your lender have to prove you have followed the pre-action protocol to the judge.
Your lender must:
To help you manage your repayments, your lender may:
You need to:
Watch a video explaining what you can do if you are in mortgage arrears by following the link below.
A trained money adviser from an independent agency, like the Citizens Advice Bureau or Shelter, can give you free and impartial advice about:
Follow the link below for a list of independent money advisers, their contact details, how they can help and what to take with you.
If you have fallen behind with your mortgage payments, your lender will send you a letter called a ‘notice of default’. Make sure you read this letter – it will give information about how much you owe and any action your lender plans to take.
You need to:
Your lender can start legal action to repossess your home if you don’t respond to the letter or can’t reach a repayment agreement. Even at this stage you can still get help to avoid repossession.
See ‘What to do if your mortgage lender takes you to court’ for information about:
Repossession doesn’t happen automatically. Even if you have been given a date to attend court, you can still get help to keep your home.
See ‘Preparing for the hearing’ for further information including:
It is vital that you go to your court hearing. It’s your opportunity to explain your situation to the judge. If you don’t go, it’s much more likely the judge will decide you have lost the right to keep your home.
See ‘Going to court for repossession – what happens on the day’, to find out what the hearing will be like.
If you haven’t received any advice before the hearing, you can get free representation in court on the day. Follow the link below for more information.
If you get a court notice that says you are being evicted, seek legal and money advice straight away. You may be able to delay or stop the eviction.