Preventing Repossession - Steps You Can Take To Save Your Home
Author: JamesBailey Total views: 21 Word Count: 737
Your account with your lender is "in arrears" when you have missed some mortgage payments for whatever reason. Once you are in arrears, having missed payments for a couple of months or more, your lender is likely to seek court action in order to take steps to regain ownership or "repossess" your property. If you fail to contact your lender and try to reach agreement, the lenders only option to get their money back is to take control of your property and sell it. They must do this through the courts.
The important thing to recognise as a homeowner threatened with repossession is that there are options to consider. If a lender takes action through the courts it does not mean that you will definitely lose your home. Refinancing your home may help, or you could always sell. Getting friends of family to help with the arrears is a further consideration.
Before you decide any drastic measures, the most important thing to do is to talk with your lender. Some lenders are more helpful than others, but help may include extending the term of the mortgage, switching to interest only from a repayment mortgage, or rescheduling the debt in another way. This may prevent the need to go to court. However, even if you can't agree a suitable solution with the lender, the judge at court is more likely to sympathise if you can show you have tried to solve the situation and not hide from it.
If things do reach court at a possession hearing then this is an opportunity for you to explain what has happened and how you propose to clear the debt outstanding. The hearing will be at a county court. At the hearing there will be the district judge and a representative for the lender. There is no jury and no oaths and no black gowns and wigs. You will sit round a table in a private room so its not as daunting as you may think. However, it is important to address the judge and not be intimidated by the lenders representative.
At the hearing the judge will be looking to identify what you can do to pay off the arrears and meet your commitment for the normal monthly payment. You could offer to pay off all or a significant sum towards the arrears. Clearing the arrears will mean the lender has no reason to possess the property. Another option is to offer to meet further monthly payments in full, with a contribution towards the arrears. In this case the judge may grant a suspended possession order allowing you to keep your home provided you meet this commitment. Whether the judge is likely to grant extra time for options such as refinancing or selling your home will be dependent on how far these have progressed.
Selling your home is an option, though judges will want to see the transaction has progressed and an offer accepted before considering suspending your repossession. A good estate agent will realistically price your property, market it well and check out potentials buyers financial situation to help you achieve a fast sale. Refinancing is an option, though bear in mind this will depend on the speed with which a broker can process your application and find a suitable product. There will be few lenders available to you and the cost may be high over the long term.
At the court hearing the judge may allow you to keep your home via a suspended possession order. For example, if the judge thinks you are able to meet future monthly payments in full, plus a contribution towards arrears. This will mean you must follow this plan and failure to do so will allow the lender to gain possession without the further need for a court hearing (though in practice you could request one). If you present options such as selling your home or refinancing it, then the judge will want to see evidence that this is happening and that things are progressing and that the lender will get the money due to them within 28 days.
Repossession is a worrying time, but the key is to get as much information and advice as possible. There are a variety of voluntary and charitable organisations available to you free of charge to guide you through the process, answer your questions and discuss your options with you. Such organisations include your local Citizens Advice Bureau, Shelter and National Debtline.
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About the Author
Author James Bailey has a good working knowledge of the repossession process and has helped numerous people save their home in the UK. Find more information, articles and obtain a full report on the repossession process at www.repossessionhelp.info
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