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Mortgage possession

This content applies to England

Procedure for a mortgage lender taking court action to repossess a property because of mortgage arrears. Repossession procedure, the types of order the courts can make, and what may happen after a court order is granted.

Legal framework

Legal background to court action for mortgage arrears, including the lender's remedies. 

Second charge loans

Requirements for lenders of second charge loans before taking possession action. 

Lenders steps before court action

The steps lenders will usually take before commencing court action. 

Pre-action protocol for lenders

The pre-action protocol covering the appropriate procedure where the homeowner has mortgage or purchase plan arrears over a residential property. 

Mortgage arrears possession process

The steps the lender will take to bring possession action, and the options available to the judge. 

Defence to a lender's claim

Possible defences in mortgage possession cases. 

How borrowers defend claims

Steps that can be taken in the court proceedings, including the possession hearing. 

Types of orders

Orders the judge can make following a court hearing. 

Time orders

Time orders, and considers when the court might grant such an order. 

Selling the home

The situation where the borrower wants to sell the property, either during or after possession proceedings. 

Changing court orders

How the borrower can challenge or amend the order made, for example because of a change in circumstances. 

Eviction warrants

Enforcement of possession orders by the court's enforcement agents (bailiffs).  

After eviction by mortgage lender

Powers the court has after repossession, the lender's responsibilities to the property and the lender's sale of the property. 

Mortgage shortfall debts

Where a sale by the borrower or the lender may not be enough to pay off the mortgage in full. 

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