FAQs about Litigation & Disputes

Civil disputes Solicitors in Northampton

OVERVIEW OF THE PROPERTY REPOSSESSION PROCESS

It takes a lot of time to repossess a property so it is important that you speak to your solicitor about negotiating your mortgage agreement with the lender in order to stop the process.

  • If you react early enough you may be able to avoid paying legal costs and end the eviction process.

Reasons for repossession

  • One of the main reasons of repossession is non-payment of the mortgage or debts on another secured loan. It is essential that you continue making payments of your debts, even after the court proceedings have been issued.
  • In some circumstances, the freeholder can evict the leaseholder for non-payment of rent or service charge.
  • If you are made bankrupt you may be made to vacate your premises or if there is a compulsory purchase order made by the local authority to purchase your property. This may happen in the event of major local developments

Notice from lender

  • Your lender will ask you to pay your mortgage as soon as you are in arrears. This is usually set out in a letter.
  • The lender will issue court proceedings for repossession if he is not satisfied with your reply.

The claim form

  • In the county court, the judge fixes a date for the claim to be heard.
  • The date will be written on the front of the claim form
  • You need to return the completed claim form, particulars of claim and a defence to the court.
  • It is essential to respond to the claim in order to avoid problems at your hearing. You should get all your documentation ready and get familiar with your financial situation.

The hearing

  • The court hears evidence from both sides before deciding whether or not your house should be repossessed.

The court order

  • If the decision is made to repossess your property, the judge will give you a date when you must leave. If you do not leave on the specified date, your lender can get a bailiff’s warrant.

Northampton litigation solicitors are here to help you further. Please get in touch with us for an initial free discussion.