A Mortgage Possession Hearing is the court hearing that takes place when either your Mortgage Lender or a Secured Loan provider want to secure a Possession Order on your property. This is normally due to a build-up of arrears on your account. Legally the lender cannot take action against you unless you are a full two months in arrears but in most cases lenders do not instruct Solicitors unless you are between 4 and 6 months in arrears.
The first step in your Lender starting Mortgage Possession proceedings will be a letter from the Lender explaining that you are in arrears and the Lender wants to speak with you. The Lender’s letter will be very polite and will not alarm you in any way. You might even consider ignoring the letter and leaving it for another day etc. If you do not respond then the Lender will instruct Solicitors to act for them and they will send you another letter, this letter will be a little firmer but again will explain that they have been instructed to commence proceedings but before they do they would like to talk to you.
If you do not respond them the Solicitor will make a Claim for Possession of Property and this is the first step towards Repossession if you do not do anything about it. Once a claim has been issued by the Solicitor the court will send you a copy of the claim and a Witness Statement with a Response Pack and this is your chance to send in your details to the court. However this is the point at which you should get advice as once you have submitted your details to the court it is very difficult to unravel the information or withdraw it should you make any mistakes, especially with your Income and Expenditure (Link) or not include the correct evidence.
In the documents from court this will give you a date and time of the Mortgage Possession Hearing and the Lender will have an experienced Representative at the Hearing. They will not be a Solicitor but a qualified Court Advocate they are normally self-employed and work for a number of agencies. It is very important that you keep in mind that despite the fact that they might be very friendly and appear helpful, they are there for the Lender and they are instructed to get the best outcome for the Lender and not for you, indeed, they are assessed on how many “wins” they get for the lender. So you must be guarded with any information that you give to them. It is always better to be very Well Prepared with all the correct Income and Expenditure details and some detailed background to your issues all In Writing, this way you will avoid digging yourself into a hole as you can be sure that all the information is written down and the written details will answer any questions that the Judge may have.
The Mortgage Possession Hearing will only last for a maximum of 10 minutes and as outlined for you to successfully defend the claim you MUST be well prepared and have a strong proposal to clear your arrears that meets the relevant sections of law. This being the case, there is no reason why the Judge will not grant a Suspended Order allowing you to remain in the property on certain conditions normally that you pay your usual mortgage payment referred to as the CMI (Contractual Monthly Instalment) along with an amount towards the arrears. However if you go to the Mortgage Possession unprepared and without any idea of what to say or any Evidence of your ability to pay or a breakdown of your finances then the Judge may well agree with the Lender and grant an “Outright Possession Order” which will give the Lender possession of your property in 28 days.
Call Lender & Court Services today on 0333 577 7547 for further details of how we can help with a Mortgage Possession Hearing.
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