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Attending court and seeking advice

It’s vital that you go to the court hearing. If you don’t, it’s very likely that the judge will give your mortgage lender the right to evict you. As soon as you receive a date for the court hearing, you should get help from a money adviser and/or a solicitor - if you haven’t done so already. Your adviser can help you fill in the defence form.

You could still get help to keep your home, so talk to your adviser about your options. You may be eligible for help from benefits, or a government-backed scheme, like Mortgage Rescue. However, if you find a solution, you’ll still need to go to court to inform the judge.

See ‘Mortgage advice – who to see and what to take’ for a list of money advisers, their contact details and how they can help.

You can find a legal adviser from the Community Legal Advice website.

• Mortgage advice - who to see and what to take

• Find a legal adviser Opens new window

Help with your legal costs

If you are on a low income you may be eligible for free legal help (otherwise known as ‘legal aid’). If you are eligible, your legal adviser may be able to apply for legal aid for you.

You can use an online legal aid calculator to check if you might be able to get free legal help.

• Find out if you qualify for legal aid Opens new window

Getting ready for the hearing

While you prepare for court, keep talking to your lender. If you can come to an agreement, the court hearing may be postponed or cancelled, making it more likely that you keep your home.

You should prepare carefully for the hearing day by:

• looking through the paperwork the court has sent to you so that you can ask your adviser about things you don’t understand
• thinking about the questions that may come up
• getting together paperwork you may need

Questions about your mortgage and finances

In court, you may be asked questions about:

• what you can pay towards the arrears of the mortgage
• when you will be able to make payments

Be realistic about the answers you might give. You must keep to any agreement you make in court to pay off arrears. If you don’t, you may still risk losing your home if you offer to make payments that you can’t afford later on.

You are also likely to be asked about your finances. Try to bring proof to the court hearing like payslips, bank statements, job offers, or letters about benefits.

Paperwork you may need in court

If you are trying to sell your home to pay off the mortgage, bring proof that you have put your home on the market. You can use letters from your estate agent or proof of an offer.

Taking someone with you to the hearing

You can bring someone with you to the hearing like an adviser or a friend, although they must be an adult.

Video: there’s going to be a possession hearing – what should I do?

Follow the link below to watch a video explaining what you should do if you are being taken to court for a possession hearing.

• Video: there's going to be a possession hearing

The hearing – what happens on the day

Find out what the hearing will be like and what decisions the judge can make by following the link below.

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

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

• Possession hearings - what the judge can decide

• After possession hearings - what happens and what you should do

• Appealing against the decision of your possession hearing

Useful contacts

• Home and community useful contacts

• A-Z of local councils

• Communities and Local Government Opens new window