What is a House Repossession Notice?

By November 17, 2008House Repossession Process

If you receive a House Repossession Notice Consider a Fast House Sale

What is a House Repossession Notice?

The first time you go to court, you’ll find out whether or not your lender has succeeded in taking out a house repossession notice, or house repossession order, on your home. Luckily, courts rarely grant repossession orders on the first hearing however it does happen especially if you are not in court. The law usually feels that granting a repossession order straight off is too harsh.  So it is usually used as a last resort, in cases where there’s no chance the borrower can put things right.

House repossession notice: Repossession Order or Suspended Order?

In most cases the judge will grant a suspended order.

• If you’ve been given a suspended repossession order, you can stay in your home but you must abide by the court’s ruling. This tends to involve repaying your arrears on time, in full, over an agreed timescale;

• If the court feels you are unlikely to repay your arrears in a reasonable amount of time, then a repossession notice is the most likely outcome. In this case the court will give you a date on which, by law, you have to leave the property;

Either way, the sooner you take action the better chance you have of avoiding actual repossession. The process below gives you plenty of opportunities to put things right.

The Repossession Notice process explained

House repossession notice Payment Reminder

Repossessions are bad publicity, and your bank or financial lender will be keen to continue a good relationship with you. After all, you’re a customer. Most mortgage lenders will contact you via their internal arrears collection unit when they notice a missed payment. If not after one missed payment, they’ll be in touch after two.

Solicitor’s Letter

If you don’t repay your arrears, or ignore their attempts to contact you, they’ll get in touch via their solicitor. The letter will demand full, immediate payment and it’ll warn you about the risk of repossession.

Proceedings for House Repossession

The solicitor will issue house repossession notice proceedings with the County Court. The Court gets details of your arrears then sets a hearing date.

Court Order

• If there’s information outstanding or you don’t turn up, the hearing is adjourned and the court will set a new date.

• If you have repaid your arrears completely before the hearing, it’ll be dismissed or indefinitely adjourned.
• If you agree a plan to repay your arrears the Court will probably be happy to grant a suspended possession order.

• Otherwise, the court will make a house repossession order or house repossession notice. This means the lender can take repossession of the property, generally just 28 days later.

For more information please contact a local solicitor, you may be able to have a no obligation chat about the process which may help you to start organising your fight and finances.

Join the discussion 4 Comments

  • Mr Shah says:

    I would like to know if you have a house repossessed in 2000 by a finance company and you don’t know how much they sold it for.

    Can they come back and say that we did not recover the full monies from the house nine years later and try to get some more money out of you?

    many thanks

  • Solly says:

    i have received the letter to notify that they are repossessing my house

    What should i do ?

  • nicola says:

    If your home is repossessed, do you have to pay anything to the mortgage company, or do they just take your house & that’s the end of it?

  • mr andrew vel says:

    I am only one month behind and Bankk of ireland has asked a solicitor to reposses.

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