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If your home is being repossessed and your bank has an eviction warrant, what are your rights?


Mortgage repossessions take place after a home owner has defaulted on their mortgage repayments. In almost every case a repossession order comes at the end of a protracted process and is the last resort for any mortgage lender.

The mortgage lender seeks repossession as they feel that the borrower will be unable to keep up repayments over the course of the loan, and selling the property represents their best chance of recovering the money originally lent to facilitate the purchase.

In reality, mortgage lenders rarely recover the full amount following a repossession order and sale. As a result, it is in the interests of most lenders to keep the borrower in the property, and encourage them to continue making whatever repayments they can until their circumstances improve.

Eviction warrant timescales

If your home is being repossessed and your lender has an eviction warrant this will mean that you have been given a date by which you have to leave the property: this is usually 7-14 days from the date of the eviction notice.

On the day a court bailiff and locksmith representing the lender will arrive to secure the property. You must remove all your items prior to this point, although generally you will be allowed a further visit to collect any forgotten or remaining items a week or two later.

Can repossession still be avoided at this point?

Yes - even at this late stage it is still possible to avoid repossession. Your mortgage and repossession solicitor will offer legal advice on avenues available for suspension of the possession warrant. This is most easily achieved by clearing the backlog of arrears and making a formal commitment to ongoing repayments. Alternatively, the possession order can be halted by a straight purchase.

In the straight purchase scenario, a buyer is found who is able to purchase the property from you, repaying the lender in the process. You should consult your solicitor to understand what options are available to you regardless of which stage you are at with the repossession. It is still possible to recover your property even after repossession has taken place, as long as the property has not been sold on.

Caven works with repossession solicitors throughout the UK - call us for free on 0800 157 7566 or fill in the web-form to receive a call-back from one of our advisors.

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