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What to do if your mortgage lender starts court action

Get debt and legal advice

You do not have to deal with mortgage repossession alone.

Speak to a debt adviser

These charities give free debt advice:

A debt adviser can help you:

  • prioritise debts

  • check if you can afford repayments

  • make a plan to repay your mortgage arrears and other debts

"Mortgage arrears" means the mortgage payments that you have missed.

A debt adviser could get you on the breathing space scheme. This scheme pauses mortgage repossession for 2 months while you get advice.

Find a legal adviser

A legal adviser or solicitor can:

  • fill in court documents

  • talk with your lender

  • speak for you at your court hearing

Where to get legal help

You can get free advice if your lender wants to repossess your home.

You might get ongoing help if your income is low.

Call 0345 345 4 345 to get free legal help from Civil Legal Advice. They could make you an appointment with a local solicitor.

Try to get legal help as soon as you get letters from the court.

Court duty adviser

If you do not get help before your hearing, you can usually get help on the day from a court duty adviser.

A duty adviser is a legal adviser who is at the court.

Everyone can get help from a duty adviser. It does not matter how much you earn or how much your home is worth.

Find out more about repossession hearings.

Ask your council for help

You can ask your council for help if you are at risk of losing your home.

Your council must give you housing advice. They might also have to try to stop you becoming homeless.

Look at your income and spending

Check your monthly income and spending to see if you could save money to repay your mortgage arrears.

Check your mortgage interest rate and monthly payment amount.

Use our advice and template to show you can pay back your mortgage arrears.

Suggest a repayment plan

You can make a repayment proposal to your lender. Do this if you have some money left over each month after paying your bills and important costs like food and transport.

A judge usually lets you keep your home if you can show that you can pay both:

  • your monthly mortgage payment

  • a set amount towards your arrears each month

You need to show you have enough money left over every month to pay a regular amount until your arrears are paid back.

You can make a repayment proposal at any stage of repossession.

How to work out a minimum payment offer:

Amount of arrears ÷ number of months until mortgage term ends = 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 your lender agrees to your plan before your hearing

You still need to go your hearing, unless the court tells you it is cancelled.

Take the repayment agreement you made with your lender.

This helps show the judge you should keep your home.

If your lender rejects your offer

They must give you a reason in writing within 10 working days.

Your lender might suggest a different repayment plan.

Take letters or emails from or with your lender to your court hearing.

If you cannot make a repayment offer

If you do not have enough money left over each month for a repayment plan, you might choose to sell your home to avoid repossession.

Discuss this with any joint owners. For example, your partner or ex partner.

Last updated: 11 September 2025

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