Repossession

Repossession is the legal process where a mortgage lender or secured loan provider takes possession of a property.

Lenders only start court action to repossess your home as a last resort. If your lender contacts you about your mortgage or secured loan arrears do not ignore them. If your lender cannot contact you they are more likely to go to court.

Specialised mortgage advice

If you have court paperwork or a court date please call our Helpline on 0800 138 1111. Our advisors can give you specialised mortgage advice and help you to solve your mortgage or secured loan repayment problems. It may be possible to come to an arrangement with your lender to stop the case going to court.

Even if you have a warrant of ejection (eviction date), it is not too late to solve your problems.

    

FAQs

Scotland > Housing > Mortgages > Repossession

If you do not attend a court hearing for your property you will need to call the courts and find out the outcome of the hearing. Once you know the outcome of the hearing please call our helpline and one of our specialist advisors will be able to help you deal with your housing problems.

Scotland > Housing > Mortgages > Repossession

A section 2 order allows you to stay in your home while you come to an arrangement to clear your mortgage arrears or to ask for time to find alternative accommodation if it looks as if your home will be repossessed.

You can apply for a section 2 order at any time before the sheriff makes a decision on your case.

Scotland > Housing > Mortgages > Repossession

If you can clear all of your mortgage arrears in a short amount of time, you can ask for the court the for time to do this. 

This is called asking for the case to be continued. If your case is continued, another date will be set for your case to call back at court. If you have cleared all the arrears, no further action will be taken, but if you have not kept to the agreement, the sheriff will then decide whether your lender should be allowed to repossess the property.

Scotland > Housing > Mortgages > Repossession

If you want to apply for a section 2 order, ask for more time to pay your arrears or you disagree with your lender, you will need help from a solicitor.  The Law Society of Scotland can help you find a solicitor.

© Consumer Credit Counselling Service 2009