Court Proceedings

When you attend the hearing, make sure you are prompt and dressed appropriately, because you are about to meet the person who will decided what is going to happen to your largest possession.

There are 5 possible outcomes to the hearing:

• Adjourn (which means postpone)
• Strike (which means cancel)
• Agreement is reached to pay installments whilst you remain living in your home
• You are given time to try and sell
• Eviction

The judge will sit a listen to evidence from both your solicitor and then lenders solicitor and make a decision based on the evidence supplied.

The judge will base his decision on:

• The evidence supplied
• Income (If you can repay the arrears)
• Time scale (how long it will take you to repay the arrears)

The last thing, although it may not seem it, the court and the bank/building society want to do is to repossess your property. If an agreement can be made, where both you and the bank/building society are in agreement, then this is the preferred option the judge will take. The judge will still apply a, suspended possession order, on the property even if you have reached an agreement.

A lot of cases will be adjourned due to lack of information and this gives you a few more days/weeks in order to find a solution whilst the bank/building society solicitor gathers more information.

Hopefully during this time you will be able to gather information to go back to court and prove you can pay the arrears, have a buyer or have interest in the property. This will look good for your case if you can do so.

If the case is adjourned a suspended possession order generally isn’t put on the property, unless you can provide evidence that you have a buyer for the property or you can pay the arrears.

Click here to return to Repossession Process

find out how to get your house respossession stopped

Contact us or apply online and see how Quick Purchase can help you with your Court Proceedings