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Repossession Outcomes

Possible outcomes from the courts.

When you face the Judge in the court room, the judge can make a few decisions based on what he has heard. They are:

  • adjourn the case, or
  • strike out (dismiss) the case, or
  • make an outright possession order, or
  • make a suspended possession order, or
  • make a money judgment.

What does 'adjourning the case' mean?

This happens when the Judge cannot decide and needs more time to make a decision. A case can be adjourned indefinitely or for a fixed period of time. This might happen because:

  • the judge needs more information from you or the claimant before making a decision
  • you need more time to raise a lump sum to pay off the arrears
  • you are selling your home and need more time to complete the sale

(If this is the case we will gladly come to the courts and show the Judge evidence of a sale whether this is an offer letter or correspondence between solicitors). Get in touch

The good thing about adjourned cases is that you can still remain in your home and you cannot be evicted. You will typically be given a new hearing date, or the lender may have to apply for a new hearing after a fixed period or if there is a change of circumstances.

What does 'striking out the case' mean?

If there is no reason why you should be evicted the judge may decide to strike out the case. This might happen if:

  • the lender has failed to follow the correct procedure for bringing the case to court
  • the lender or their representative does not attend the hearing
  • the arrears are cleared.

If the judge strikes out the case, you have the right to stay in your home. If the lender wants to evict you, they will have to restart the court process from the beginning.

What is an 'outright possession order'?

An outright possession order means that you will not have the right to live in your home after the date given in the order, typically 28 days after the court hearing. Under various circumstances you can get more time especially if you can prove that you are in a difficult situation, for example, you are ill or you have young children.

If you have been given an outright possession order, it is still not too late to be repossessed you may still be able to negotiate with your lender and persuade them not to evict you, we have an in house team at The Best Property Company (UK) LTD that will negotiate with your lender free of charge in order to grant more time so you can possibly get the paperwork arranged for the sale of your home to go through.

If you decide not to sell and decide to do nothing then a lender can apply for the bailiffs to physically evict you. You can't be physically removed from the property by anyone other than the bailiff. It is often only a matter of days before the bailiffs come. They can remove you and your family from the property, but they can't use violence to do so. If the Bailiffs suspects that you might leave with difficulty they may arrange for police to assist in matter to protect both parties.

On certain exceptions you can be granted a stay of execution, if you give us a call on 020 7610 5566 we can let you know what your options are.

What is a 'suspended possession order'?

This happens when a Judge grants the lenders a possession order but it is "suspended" for a particular date due to a variety of reasons. You will be allowed to stay in your home provided you keep to certain conditions. In many cases, the condition of a suspended possession order is that you must keep up with ongoing mortgage payments and also pay an agreed amount each month towards the arrears.

You will be allowed to stay in your home under certain conditions that would have been explained in the court order. If you breach the terms of the order, the lender can apply to the court for the bailiffs to evict you. At this stage we highly recommend you contact us so we can give you honest perspective on how close you are or are not to being repossessed. If you do nothing then you will receive a letter from the bailiffs giving you some advance warning, but there will no more court hearings unless you request a stay of execution before the eviction.

What is a 'money judgment'?

The lender can ask the court for a money judgment to be registered against you. This will give your lender the permission to recover all of the money owed under the mortgage, not just the arrears. Most lenders will push for a sale at this point because it tends to be the most realistic way for your to be able to pay back everything you owe to the lender in a short space of time.

What are the best options for me?

We recommended you seek as much as advice as you can, the citizens advice bureu is a good place to start, perhaps if you have money you can seek legal advice from a solicitor.

Also you can get free advice by calling 020 7610 5566  to discuss your options. The staff at The Best Property Company have many years experience in the repossession process and all of our advice is free of charge with no obligation to sell your property to us... Get in touch

> How To Avoid Repossession

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