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Repossession
Many lenders will view repossession to be the very last course of action when dealing with a borrower in arrears. It can be a very time consuming and costly exercise that both parties will wish to avoid. In nearly every case, the lender will commence with repossession proceedings once they consider that the borrower is in no position to rectify the situation – where there is no financial means, or no desire to make good the arrears and all future monthly repayments. Seeking legal possession of a property is an option open to both a first and second charge mortgage lender where a borrower is unable to meet the monthly repayments on time.
In many instances, by communicating with the mortgage lender at the earliest possible opportunity can help to alleviate the immediate problem and avert the threat of repossesion. If the problem is allowed to escalate then there is a high chance that the lender will instruct their solicitors to commence application for the repossession order.
There are a number of outcomes on attending your repossession Court hearing:
- The Judge may decide to adjourn or dismiss the case until a later stage – This could happen for a number of reasons including where additional information is needed or clarification of existing information is required.
- The Judge may decide to dismiss or adjourn the case indefinitely – This outcome may come about following the full payment of the outstanding arrears.
- The Judge may grant the lender with a possession order – This order will allow the lender to take possession over the property, typically after a period of around 28 days.
- The Judge may suspend the reposession order – This is the most common outcome on the initial Court hearing. The possession order will be suspended subject to a number of conditions; these conditions will usually include an agreed payment to the lender in order to clear the arrears over a certain period of time.
- The Judge can also grant a possession warrant or a notice of eviction. This may take place whereby a borrower has not kept to the agreement as stated following the suspended repossession order. A time and a date will be given for the borrower to leave. At which point a court bailiff will take formal possession of the property, accompanied by a representative of the lender and a locksmith.
Repossession
If a borrower’s property is ultimately repossessed, the lender will wish to sell it as quickly as possible in order to recoup the amount owed to them, including arrears, interest and any applicable charges. The borrower is still liable to pay interest on the loan right up until the property is sold! Repossessed properties are often sold under market value, this can mean that the borrower is likely to lose even more money following the sale of a property – If there is a mortgage shortfall and the lender is unable to recoup the full amount of the debt, they can pursue the borrower for this amount for up to 12 years!
We can help if you have any of the following lenders:
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THINK CAREFULLY BEFORE SECURING OTHER DEBTS AGAINST YOUR HOME.
YOUR HOME MAY BE REPOSSESSED IF YOU DO NOT KEEP UP REPAYMENTS ON A MORTGAGE OR ANY OTHER DEBT SECURED ON IT.
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