Mortgage repossession hearings
A mortgage repossession hearing gives you a chance to explain to the judge why you should keep your home or sell it yourself.
You can:
show you can pay back the money you owe
ask for more time to sort things out
Your hearing will take place at a county court.
It will only last about 10 minutes.
Free legal help at the court
A duty adviser can look at your case and speak for you at the hearing.
You can get this help no matter what your income is or how much your house is worth.
Go to the hearing
A letter from the court will tell you the address and time of your hearing.
If you do not turn up, the judge will probably make a decision against you.
Tell the court straight away if you cannot attend, for example because of serious illness or a family emergency.
Ask for the court usher at reception
Arrive about 30 minutes early to the court building.
The usher will tell you which room your hearing will be in and where to wait.
Tell the usher you want help from the duty adviser.
Bring 3 copies of all the evidence you have
Show the duty adviser:
proof of your income, such as payslips or details of benefits
evidence if you’re selling your home, for example letters about a sale
letters if your situation will change very soon, such as a new job offer
any letters you have from the lender
Your adviser will use this and show relevant documents to the judge.
Bring as much as you can. You can ask your adviser to make copies.
Wait for the judge to look at your case
The lender’s representative may approach you while you wait to go in to the hearing.
They might ask you to agree to a repayment proposal.
Do not feel under pressure to talk to them at this stage.
You can ask the duty adviser to negotiate on your behalf if you want.
Be polite and do not interrupt
The judge will invite you or your adviser to speak after the lender’s representative.
The person speaking for the lender will usually tell the judge:
how much you owe
when you last made a payment
if you have a repayment plan
what they are asking the court to do
The judge may ask questions.
Answer any questions they ask you directly.
If you feel upset, ask your adviser to talk to the judge for you.
Your adviser can tell you how to address the judge.
Make an offer or ask for time
The duty adviser can speak on your behalf.
They can explain how you can pay back the money you owe.
The judge is likely to accept this if you show you can pay:
your monthly mortgage payment
a set amount towards your arrears every month
How to work out a minimum payment offer:
Amount of arrears ÷ number of months until mortgage end = minimum payment
Example: You have £3,000 arrears and have 10 years (120 months) until the end of your mortgage term. You could offer £25 a month on top of your normal monthly payment.
Calculation: £3000 mortgage arrears ÷ 120 months = £25 a month towards the arrears.
If you cannot afford to pay back the arrears, you could ask for time to:
get money you are expecting, for example from a new job
Write down the court's decision
You may not get a copy of the order the judge has made for several weeks.
Find out what decisions a judge can make at a repossession hearing.
Last updated: 6 March 2023
