Mortgage possession
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.
