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What If My Mortgage Lender Threatens To Evict Me?

Aug 28, 2008
This document explains the eviction process used to evict homeowners in the UK due to unpaid secured loans. It offers advice on how to prepare for the court hearing and how to deal with lenders.

Firstly it is important to know that your lender can not evict you without a court order. If you have been given a court order by your lender (received in the post) it usually means that other attempts made by you and the lender to overcome the arrears have failed. Some lenders are very sympathetic to borrowers who have got behind in their mortgage payments and may wait 6 months before applying for a court order. Some lenders (of the sub prime variety) will be all to quick to take late payers to court.

In order to start the eviction process the lender will apply to the local court to issue a possession claim which will give you a date and time for a hearing in the county
court. You should have at least 28 days notice of the hearing date. (Note; a court hearing does not mean you will automatically lose your home.) Even if the court decides you cannot afford to stay there, you will not be evicted from your home on the date of the hearing.

What you need to do before the hearing
A document called particulars of claim will be sent as well. This sets out your lenders case for taking possession of your home. You will also receive form N11M called a defence form which you should fill in and return to the court within 14 days or receiving it.

It is important you give as much information as possible in the defence form as this give the court a chance to see your side of the story. The court will not evict people unless they have to so give them a good reason why they should order the lender not to evict you. You need to ensure you:

* Check the details of your lenders claim to see if you agree with them. Say if you think that the information is wrong.
* You will be asked how much you can afford to pay off the arrears. Prepare a personal budget sheet to work out how much you can afford to offer and show this.
* Put down an amount which you can afford, even if your lender has already refused this offer.
* If you are hoping that your circumstances will improve in the future (i.e. the reason why you got in arrears will change or improve), or you want time to be able to sell you home, then say so in the space provided.

You should send this document back 14 days after receiving it. If you have missed this date it is still worth sending it if it will reach the court before the hearing date. Remember to keep a copy.

What you need to on the day of the court hearing

* Come prepared to the court with short noted about what you would like to say at the hearing. Do not be afraid to refer to them when you speak.
* If your financial circumstances have changed since you filled in the court form work out a new budget sheet and take it with you.
* Take 3 copies of your latest personal budget with you (one for you, one for the judge and one for the lenders representative).
* Try to answer questions clearly, calmly and fully. Remember you have as much right to put your case as the lender and the judge will be keen to get the full story.

What should you say?
If you think you can pay off some of the arrears in staged payment let the judge know your plan. If the judge agrees the lender can not evict you if you stick to these plans. If the judge does not agree with this plan you can ask for an adjournment or postponement to give you time to sell your property yourself.

If you plan to pay off the arrears in a short space of time (by remortgaging or selling your property ask for an adjournment). You should also ask for an adjournment if you don not agree with the lenders figures. This will give the lender time to get detailed accounts ready for the judge.

If the judge does not accept any of your plans they can the district judge can make a possession order, which allows you a set period, usually 28 days, before your lender can take any action.

What if I can not pay?
If you subsequently find you can not pay the amount which the court has ordered you to pay, you should go back to the court and ask for the order to be changed. Use the form N244, available from the court office. You should also contact your lender and try to make a new arrangement.
About the Author
Carl Robinson is an experienced property consultant and investor from. If you want to consider sale and rent back visit Quick Homebuyers to obtain a Free no obligation sale and rent back offer. This site also has a Free comprehensive report on how to avoid repossession.
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