What to do if your mortgage lender starts court action
You can take action now to keep your home.
Letters from the court mean your lender has applied to repossess your home, but there are things you can do.
Ask a debt adviser about Breathing Space. This pauses court action while you get advice.
The judge can let you keep your home if you have a good plan.
Summary of steps you can take
This guide shows you what you can do if your lender starts court action.
1. As your first step:
get free debt advice and legal help
look at your income, spending and other debts
work out a repayment plan you can afford
decide what to do if you cannot pay back the arrears
2. To get ready for court:
read all the court documents
return the defence form
3. When you arrive at court:
get there early and ask for the usher at reception
ask for the duty adviser if you do not have legal representation
bring as much evidence as you can and notes about what you want to say
do not feel pressured to agree to repayments you cannot afford
4. During the hearing:
wait for your turn to speak and do not interrupt
be polite when you answer any questions from the judge
show how you can repay your arrears within your mortgage term
ask for time to sell if you cannot make a repayment offer
Read the steps in the guide for more detail.
Last updated: 6 March 2023