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Repossession solicitors

 

If you fall behind on your mortgage repayments and have not been able to come to an arrangement with your mortgage lender, they will then issue you with what is called a ‘notice of default.’

This letter is the first stage in the repossession of your home. Don’t ignore this letter, and seek qualified legal advice from repossession solicitors in your area as soon as you can.

The repossession process

After a notice of default has been issued, repossession solicitors can represent you if your mortgage lender moves to the next stage of repossession, which is going to the court to request a ‘claim for possession’. It is always advisable to keep negotiating with your mortgage lender even if they have begun formal proceedings to repossess your home.

Again a repossession solicitor can be invaluable in these circumstances, as they can negotiate on your behalf. Having the support of a legal representative in court is always advisable.

Your mortgage lender is bound by property law to follow a set procedure called the ‘pre-action protocol’ that gives you time to look for ways of resolving your dispute with your mortgage lender, before filing for court action.

Alternatives to repossession

When negotiating with your mortgage lender, you should consider all your alternative options to repossession before accepting repossession of your home. You could for instance look into:

  • Using the Government’s Mortgage Rescue Scheme. Repossession solicitors can explain how this scheme works and if it is suitable for your particular circumstances
  • Using sale and rent schemes

The so-called sale and rent schemes have been on the rise. Here, you sell your home to a third party that then rent your house back to you. Under these schemes you could be able to pay off your mortgage and possibly any arrears you have.

However, you should approach these schemes with caution. A repossession lawyer can assess any scheme you are thinking of using, and advise if this will indeed help you pay off your mortgage. Never use a sale or rent scheme without taking qualified advice from a repossession lawyer, as you could lose your home as a result.

Complaints against mortgage lenders

If you feel that your mortgage lender has not treated you fairly and has not followed the pre-action protocols, you have the right to make a complaint. Your complaint should be made to the Financial Services Ombudsman (FSO). You can called the FSO on 0808 149 3198.

If you do get into difficulty with your mortgage repayments, the advice is always to act quickly. Contact your mortgage lender, as they may be able to help you. And if you have any questions about property law, or need representation in court, there are repossession solicitors in your area ready and waiting to help you.

If the problems with your finances stretch further than not being able to pay your mortgage, see our guidance page on bankruptcy information.

Are you facing repossession of your home and/or bankruptcy and do not know what to do next? Caven can put you in touch with specialist property solicitors who can try to negotiate with mortgage lenders on your behalf and draw up suitable financial plans to avoid repossession. Please call us on 0800 157 7566 or complete the web-form above.

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