How To Challenge A Property Repossession Order In Court
Usually, people end up facing repossession for a variety of reasons, all of which are emotionally challenging. In all cases, they haven’t been paying their mortgage payments, however, when you dig deeper you will find that there are many other factors at play.
The following reasons is usually at the core of any home repossession in the UK;
- Break down of a relationship
- Illness or death of partner or family member
- Job loss or variation with income amount
- Prioritising of other debts over the mortgage
- Poor money management
Hamilton Paige believes distressed homeowners do not have easy access to good advice and proper representation. Our objective is to fill this gap!
If you complete and submit the N244 application form during the repossession process, a court hearing will be held in an emergency. If a reasonable period of time is granted for the sale or the repayment of outstanding debt, the possession order can be suspended at this hearing.
Most of the time, an agreeable arrangement can be made to spread the outstanding mortgage arrears over the remaining term of the mortgage. We will always work towards the homeowners benefits and try to ensure you are able to afford the repayments.
When a homeowner can pay the arrears within a reasonable period of time, Section 36 of the Administration of Justice Act grants them the right to keep their home. This has been demonstrated in the court case C+G Vs Norgan and others.
A realistic offer to the courts is always best in our opinion. Offering 1% of the outstanding mortgage arrears balance per calendar month should show you are wanting and willing to clear the debt. The lender’s solicitors will likely demand an unrealistic amount which normally results in both parties being back in court sooner or later.
The homeowner must express themselves honestly and clearly to the judge so that the judge understands that they don’t want to be tied to monthly payments which are unpayable.
Your budget presentation should be clear, concise and able to show your affordability and how you intend to prioritise mortgage payments. If unforeseen circumstances arise, the budget should demonstrate some flexibility.
Do you need help with repossession proceedings? Are you behind on mortgage payments? For a quick and free chat on how we can help you or somebody you know with their mortgage arrears please contact us here.
Learn more on
– Stopping Homeowner Repossession or Eviction
– How to Stop House Repossession & Everything you need to know
– Can You Sell a House Before Repossession?
– Selling Your House When You’re Behind on Your Payments, In Arrears & Facing Repossession
– About Mortgage Repossession
We Help Property Owners By;
Solving Financial Difficulties
Resolving Legal Issues
Maximising Value Via Property Development
MORTGAGE ARREARS: If you have an urgent financial situation which may lead to the sale or repossession of your property, we will work with you to solve or contain the problem, as this buys you time to consider your options. Our primary goal is to keep you and your family at home. READ MORE.
MAXIMISE YOUR PROPERTY VALUE: If you have a property which is in need of renovation or you want to develop your land or property to maximise profit for sale or refinance, we can help. We have a number of packages available to property owners who would like assistance in obtaining planning permission and/or developing their property. READ MORE.
Which Solution Works For You?
Meeting Your Financial Commitments
Expired Bridging Loan; If your bridging loan term is about to end or it has already expired, we work on your behalf to liaise with receivers, trustees or administrators to agree terms to prevent a forced sale of your property at auction or via estate agents.