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Five FAQs on repossession


Can my mortgage lender repossess my home at any time?

No, as any repossession action must have clearly defined grounds. You could only have your home repossessed if you failed to keep up your mortgage payments, or abandoned your property. If you are unsure about the grounds that could be used in repossessions, mortgage and repossession solicitors can advise you.

What are the stages of the repossession process?

The law requires that your mortgage lender does all they can to help you avoid repossession. You may be offered a payment holiday, or reduced payments for a period of time. This action is outlined in the ‘pre-action protocol’. Your mortgage and repossession solicitor can explain fully how these protocols work in practice.

Can I sell my home to avoid repossession?

Yes, this is one of the possible solutions that may be outlined by your mortgage lender. You would need to have at least enough equity in your home to pay off your outstanding mortgage. Your mortgage and repossession solicitor can help you decide if this is the right course of action to take.

Is a court order always needed to repossess my home?

Your mortgage lender can’t act without a court order. The court will only issue this order once it is satisfied that all the alternatives to repossession have been explored. Your solicitor can still make an appeal to the courts if you have a new offer to make to your mortgage lender that could delay the repossession order being granted.

How can a solicitor help me with my repossession?

As the law requires that the correct process should be followed to repossess any property, you will find the help, advice and support of a mortgage and repossession solicitor invaluable. Your solicitor can help you fight the repossession and restructure your repayment so they are more manageable.

If you would like to obtain legal advice on repossession, Caven can put you in touch with a local mortgage and repossession solicitor free of charge. So, if you have any questions or would like our help in finding local mortgage and repossession solicitors please call us on 0800 157 7566 or complete the web-form above.

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