A possession hearing takes place in private chambers at court and often lasts no more than 10-20 minutes. The District Judge will help the borrower by asking them simple relevant questions, which the borrowers should use to explain their situation and clearly state how they intend to go about fixing the situation.

If the borrower can demonstrate their ability to meet the current monthly mortgage payment and pay a contribution towards the arrears, the court may make a Suspended Possession Order. This arrangement basically means that the borrower will be allowed to remain in the property so long as they maintain monthly payments and arrears contributions agreed by all parties. But if the repayments towards the mortgage arrears are not maintained then the lender has the right to seek possession by eviction (Possession Warrant) without a further hearing.

Attending court on your own can be extremely stressful and very emotional especially if the lender has refused to accept any proposals that you have made. The lender will have a representative in court and they will argue as to why you should not stay in your home.


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