Mortgage possession proceedings
Process for mortgage possession proceedings including types of orders the court can make to allow a borrower to keep their home.
Last updated: 6 April 2023
Mortgage arrears possession process
Rules for bringing a possession claim and sending notices, filing a defence, and the court powers during the hearing.
Legal framework for mortgage repossession
Legal background to court action for mortgage arrears. Lender's remedies differ depending on when mortgages were taken out.
Lenders steps before court action
The steps the Financial Conduct Authority (FCA) requires lenders to take before commencing court action.
Defences to mortgage possession claims
Borrowers should check mortgage documents for defects, amounts claimed for accuracy and lender’s behaviour for violations of borrower’s rights.
How borrowers defend mortgage claims
Borrowers should complete the defence form and return it to the court, collect evidence and attend the hearing in judge’s chambers.
Types of order in mortgage proceedings
Judges can make orders ranging from granting outright possession to dismissing the claim if it should not have been issued.
Time orders
A time order allows the court to reduce contractual monthly mortgage payments or extend the term of the loan when a mortgage lender has started possession action.
Time orders toolkit
This toolkit and guidance helps borrowers' representatives ask the court to make a time order in response to a mortgage possession claim.
Changing court orders in mortgage proceedings
Ways a borrower can apply to the court to challenge, alter or discharge a possession order. This advice applies only to residential mortgages.
Eviction warrants in mortgage proceedings
Bailiffs enforce possession warrants after the lender obtained them from court and served a notice on occupiers.
Duties and rights after eviction by a lender
Court powers after repossession, the lender's duties to take care of the property and a reasonable price when selling the property.
Selling the home before eviction
Borrowers may sell the property to obtain a better price either during or after possession proceedings, and lenders rarely want to stop the sale.
Possession proceedings for second charge loans
Lenders of second charge loans must comply with the pre-action protocol and potentially additional requirements before taking possession action.