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Don’t ignore letters from the court

If your mortgage lender takes you to court, don’t ignore letters from the court. The letters will contain important information and you may need to take immediate action to try to keep your home.

Possession order – what to do if you get one

If a judge gives you a possession order (sometimes called an ‘outright’ possession order) in a court hearing, you need to contact a money adviser and get legal help urgently.

• Mortgage advice - who to see and what to take

• Find a legal adviser - Community Legal Advice Opens new window

You should also talk to your lender because you may reach an agreement that means you can keep your home.

Eviction notice – what will happen and what to do if you get one

If you don’t leave your home by the date given in an outright possession order, your lender can ask the court for a ‘warrant for possession’. If the court gives a warrant, you’ll be sent an eviction notice that gives a date when you must leave your home. If you don’t go, bailiffs can evict you. The costs of doing this will be added to the money you owe.

Get money and legal advice

It’s vital to get legal and money advice immediately to try to stop or delay your eviction. A solicitor or adviser can help you work out your options, including:

• asking a judge to delay the eviction or allow you to stay in your home
• what to do about handing in your keys
• applying for the Mortgage Rescue scheme
  

• Mortgage advice - who to see and what to take

• Find a legal adviser - Community Legal Advice Opens new window

Contact your local council

If you are worried about eviction, contact your local council. They should try to help you if you are homeless.

• Find your local council

• Homelessness

Don’t hand your keys back

If you hand in your keys voluntarily before the eviction date, your council may not be able to help you find another home.

Asking the judge to delay eviction

You can ask a judge to ‘suspend the warrant for possession’. This means they will delay the eviction or allow you to stay in your home if you are able to make payments again. A new hearing will be held but the judge won’t automatically agree to suspend the possession warrant – it depends what happens in court.

If you want to get a warrant suspended, get advice immediately by following the link below.

• Mortgage advice - who to see and what to take

Applying for a suspension and going to court

If you want to apply for a suspension, you should urgently fill out an application form and either send it or deliver it to the court. Download an application form by following the link below.

• Apply to suspend a possession warrant (PDF, 380KB) Opens new window

• Help with PDF files

You must tell the court that you need a hearing at short notice (before your eviction date). You’ll have to pay a court fee when you apply to suspend the warrant. If you are on benefits or low pay, you may not have to pay the fee (otherwise known as ‘fee remission’).

• Find out about fee remission – Her Majesty’s Court Service website (PDF, 381K) Opens new window

• Help with PDF files

The new court hearing will be like your original possession hearing.

Postponed, suspended or time order – what to do if you get one

If you receive a postponed, suspended or time order, you should make the payments set out in the order or you may lose your home.

Talking to your lender

If you can’t pay the amounts agreed in court, talk to your lender and you may reach an agreement you can afford.

Asking the court to change your payments

If your circumstances change in a way that you couldn’t tell in advance, you can ask a judge at a hearing to change what you pay. Follow the links below to get legal or money advice and download an application form to get a hearing to change what you pay.

• Mortgage advice - who to see and what to take

• Find a legal adviser - Community Legal Advice Opens new window

• Apply for a hearing to change the amount you pay (PDF, 380KB) Opens new window

• Help with PDF files

You’ll have to pay a court fee to get a new hearing. If you are on benefits or low pay, you may not have to pay the fee (otherwise known as ‘fee remission’). Follow the link below to find out about fee remission.

• Find out about fee remission – Her Majesty’s Court Service website (PDF, 381K) Opens new window

• Help with PDF files

Selling your home to pay off arrears

You may decide to sell your property to pay off what you owe your lender. If you want to do this, you should think about whether you’ll have enough time to sell your property before you lose the right to keep your home. Also, you may have to ask your lender’s permission to sell the property.

Arranging the sale of your home

If you decide to sell, then it’s important that you arrange the sale. If your lender sells your property at auction, the selling price may be lower than what you could get on the open market. You’ll have to pay the difference between what you owe and the selling price of your home.

Appealing against the decision of your possession hearing

Sometimes you can appeal against a decision made by the judge in your original possession hearing. Follow the link below to find out how to appeal.

• Appealing against the decision of your possession hearing

What to do if your mortgage lender takes you to court – find out more

• Preparing for the hearing

• Going to court for a repossession order - what happens on the day

• Possession hearings - what the judge can decide

• Appealing against the decision of your possession hearing

More useful links

• Going to court if you are blind or visually impaired (disabled people section)

• Going to court if you have a 'hidden' impairment (disabled people section)

• Going to court if you are deaf or hearing impaired (disabled people section)