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Orders a judge can make

There are five different kinds of order that a judge can make. These are explained below.

1: Order for possession

An order for possession means the lender has a legal right to own your home on the date given in the order. The date is usually 28 days after your court hearing. Sometimes people call this order an ‘outright’ possession order.

If the judge makes a possession order, they will tell you in the hearing.

Eviction notice

If you don’t leave your home by the date given in the order, your lender can ask the court to evict you. They do this by asking 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.

Find out what to do if you get a possession order by following the link below.

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

2: Suspended order for possession

A suspended possession order means that if you make the payments set out in the order, you can stay in your home. If you don’t make the payments, your lender can ask the court to evict you.

You’ll know that the judge has made a suspended possession order because:

• you’ll be asked to agree to regular payments in your hearing
• the court will post a copy of the order to you that will contain the words ‘Order for possession (Suspended)’

Video: what is a suspended order for possession?

Watch a video explaining suspended possession orders.

• Video: what is a suspended order for possession?

3: Time order

A time order usually means the amount you pay on a loan is changed for a set length of time because the judge has either:

• changed the amount you have to pay regularly
• changed the interest rate on the loan
  
• delayed the next time you have to make a payment

If you don’t make the payments set out in the order, you could lose your home.

Time orders are only made on a certain kind of loan like a second mortgage. This is where you put up property as ‘security’. Providing security for a loan means that the lender can take possession of this property if you can’t repay the money you borrowed.

If you want to reduce what you pay on a loan, you'll have to ask the judge to make a time order. You should get advice if you want a time order. Follow the links below for money or legal advice.

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

• Mortgage advice - who to see and what to take

4: Money order

A money order means that you have to pay the lender the amount set out in the order. If you don’t make the necessary payments, action could be taken by the courts to recover the money, including:

• deducting money from your wages or bank account
• sending bailiffs to take away things you own

A money order can’t be used by a mortgage lender to evict someone from their home. However, if you get into arrears after a money order has been made, your lender can go to court again. As a result, the judge could decide to give them a possession order at a later date.

5: Possession orders with money judgments

A judge can add a money judgment to any of the possession orders. This means that you owe a specific amount of money usually made up of:

• your mortgage arrears
• court fees
• your lender’s legal costs

The money judgment won’t apply if:

• you pay your mortgage arrears and the amount set out in a suspended or time order
• your lender sells your home and the selling price is more than the amount given in the money judgment

However, the money judgment will apply if you don’t pay the amount set out in the order that’s linked to the judgment. If you don’t pay, the lender may ask the court to carry out the instructions in the order and the judgment.

If your home is sold for less than you owe – what happens

A shortfall is when you owe money to your lender after selling your home. Usually you’ll need to pay the shortfall to your lender. If you think you’ll have a shortfall after selling your home, get advice because your lender can go to court to get back the money.

• Mortgage advice - who to see and what to take

What you should do if you get an order

Find out what to do about possession orders and eviction notices by following the link below.

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

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

• 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