Stop repossession
What is repossession?
Repossession is when a lender takes back a property because the loan secured on it has not been paid as agreed. Most of the time that means a mortgage, but it can also be a secured loan, a second charge, or a business loan that has your home as security.
The lender cannot simply turn up and change the locks. They normally have to follow a legal process, which involves going through the courts to obtain a possession order and an eviction order. Lenders are expected to treat repossession as a last resort.
How it happens
It nearly always starts with missed payments. Once you fall behind, the lender will write or call about the arrears. If nothing is agreed, this can lead to the lender applying to the court for a possession order. An order can be outright or suspended, and if the terms of a suspended order are not fulfilled the lender can ask for a warrant of possession. An eviction can come after that, but it also has to follow a legal process, and a date is only set once the court has issued a warrant. We go through the typical stages further down the page, though in some cases parts of the process may differ.
Can I prevent repossession?
Often it can, but it depends on your circumstances and how far the process has got. Lenders are expected to consider reasonable offers, and at court a judge can suspend an order or adjourn a hearing to give you time. Even after an eviction date has been set, you can apply to the court to suspend the warrant.
How can TIC Finance help? We look at ways to stop repossession, whether that is to stop repossession of your home, an investment property, a commercial property or land. We will explain your options in writing.
Every case is different, so circumstances vary from one case to the next. We look at each case individually to understand your circumstances and to work out which solutions are available and best suited to them, because what works for one person may not be right for another. Nothing is guaranteed, and the earlier you get advice, the more options there usually are.
Is your home at risk?
If you have fallen behind on your mortgage, or on another loan secured on your home, it helps to talk to someone early. The earlier you act, the more options there usually are for stopping repossession. We can explain where you stand, what your options are and how TIC Finance may be able to help.
We always advise you to obtain independent legal and financial advice before deciding anything.
Your home may be repossessed if you do not keep up repayments on a mortgage or any other debt secured on it.
Our customer service team are available 24 hours a day, 7 days a week.
Get in touch.
Complete the contact form, call us or email us to discuss your circumstances and requirements. A member of our team will contact you.
Where are you in the process?
Repossession usually follows a set of stages. Tell us which one you are at, and we will start from there.
I'm behind on my mortgage (arrears)
Missed payments, or letters and calls from your lender. The earlier you act, the more options there usually are.
Get help with thisI've received court papers
A possession claim, or a hearing date. What the judge looks at and how to prepare.
Get help with thisA possession order has been granted
Outright, suspended or postponed. Each one means something different.
Get help with thisAn eviction hearing has been applied for
Your lender has asked the court for a warrant of possession. You may still be able to act before it is granted.
Get help with thisThe eviction has been granted
You have an eviction date. Call now: only the court can suspend an eviction, and time is short.
Get help with thisThe stages in detail
Every repossession case is different, but most follow the same path. Knowing where you are tells you what to do next. Lenders are expected to treat repossession as a last resort and to consider reasonable offers, so there is usually more room to act than people think, especially if you act early.
| Stage | What is happening | What you can do |
|---|---|---|
| Arrears and letters | You have missed payments and your lender is writing to you or calling. | Contact your lender early, get free debt advice, and put a realistic budget together. Ask about a payment plan or a temporary arrangement, and get anything agreed in writing. |
| Possession hearing | Your lender has applied for a possession order and you have received court papers with a hearing date. | Respond to the claim and attend the hearing. Bring your budget, proof of income and a clear proposal for clearing the arrears. Many courts have a free duty adviser on the day. We recommend you seek independent legal advice. |
| Possession order outcome | The court has decided. The order may be outright, suspended or postponed. | A suspended order lets you stay as long as you keep to its terms. If the order is outright, act immediately: the lender can later apply for a warrant. We recommend you seek independent legal advice. |
| Possession date | The court has set a possession date. This is the date from which the possession order takes effect. | Use the time before that date. Speak to your lender and get advice on whether a payment plan, a sale or refinancing could stop the order being enforced. We recommend you seek independent legal advice. |
| Eviction application | Your lender has applied to the court for a warrant of possession, so that bailiffs can carry out the eviction. | Act straight away. You can ask the court to suspend the warrant: see our guide to the N244 form. Contact your lender and get urgent independent legal advice. |
| Eviction hearing | The court has set a date for the eviction hearing, or has granted the warrant and set an eviction date. | Seek independent legal advice, or contact TIC Finance to understand what options may be available to you. Only the court can stop or suspend the eviction. |
TIC Finance is available to provide advice and guidance through every stage.
Please contact us should you need it.
How TIC Finance may be able to help
Depending on your circumstances, we may be able to help in the following ways. We are not a debt charity or a law firm. Once we understand your circumstances, we may identify other ways that we can help, so it is always advised to speak to a member of our team.
We assess your circumstances
We look at your circumstances and your enquiry to understand whether we can provide a solution directly ourselves.
We ask your permission
Where we are not able to provide a solution directly, we will ask for your permission to explore what options may be available through our network of associates, lenders and organisations.
Your options in writing
We will provide you in writing with the options available to you. Where applicable, we will also let you know whether we can help you with the process from start to finish.
Already have a solution in mind?
If you have a solution in mind, we can help you with it. For example, selling your house fast.
Be careful with more borrowing.A new loan secured on your home can cost more than your existing mortgage and puts your home at risk if you can't keep up the repayments. We will go through what options are available to you, and what solutions we can assist you with, to help you make an informed decision based on your circumstances.
Your home may be repossessed if you do not keep up repayments on a mortgage or any other debt secured on it.
Your options at a glance
Generally, these are the options available in these circumstances. Every case is different, so there may be other options available to you. We advise you to speak to a member of our team, so we can understand your individual circumstances and let you know what options are available to you.
We recommend that you seek independent legal and financial advice.
| Option | May suit you if | Watch out for |
|---|---|---|
| Agree a plan with your lender | Your income is stable and the arrears are manageable. | It needs the lender's agreement. Get everything in writing and keep copies. |
| Suspended possession order | You can pay your normal payments plus something towards the arrears. | If you breach the terms, the lender can ask the court for a warrant of possession, which allows bailiffs to evict you. |
| Breathing Space | You need time to get advice and sort out a plan. | It does not cancel the debt, you must keep up current payments, and it is applied for through an FCA-authorised debt adviser. |
| Refinance or a new secured loan | You can afford the new borrowing and can show how you will repay it. | Higher cost and more debt secured on your home. |
| Sell the property | The arrears can't realistically be cleared in another way. | A very quick sale is often at a lower price. Compare options first. |
Free advice services we recommend
This page is general information, not legal or financial advice. Your situation may be different. Where you need legal advice or representation, speak to an SRA-regulated solicitor.
Why choose TIC Finance to help you with a repossession
People in property and finance who understand the position you are in.
We work closely with a specialist legal team, so the important legal aspects are considered.
Free advice and guidance, so you can talk it through before you decide.
Tailor-made to your circumstances, not a standard package.
Our customer service team are available 24 hours a day, 7 days a week.
FAQs
Can you stop a house repossession?
Often it can be stopped or delayed, depending on your circumstances and how far the process has got. Options may include agreeing a plan with your lender, asking the court to suspend or adjourn, refinancing, or selling. We can look at your circumstances and explain what may be available. We always advise you to obtain independent legal and financial advice.
What is a suspended possession order?
A suspended possession order gives your lender the right to possession but delays it for as long as you keep to the agreed terms and conditions, usually your normal payments plus an agreed amount towards the arrears. If you breach the terms, the lender can apply for a possession order to be granted, and can then go on to apply for an eviction order.
Can an eviction be stopped on the day?
This depends on the circumstances. Only the court can stop or suspend an eviction, and it needs to hear an application first, so you should never rely on it. We would not advise leaving it this late: the sooner you act, the better. If you have an eviction date, get urgent independent legal advice straight away and contact us so we can talk through what may be possible.
How many payments can I miss before repossession?
There is no fixed number. Lenders must follow regulatory rules and court procedure, and each case is different. This is a matter between you and your lender, and your lender should communicate with you about it, including any concerns they have about your account. If you are worried, contact them as early as you can and keep a record of what is said.
What is Breathing Space?
The Debt Respite Scheme, known as Breathing Space, gives you a period of legal protection from most creditor action, including enforcement of mortgage arrears. The standard period is 60 days. It is applied for through an FCA-authorised debt adviser, and you must keep making your ongoing mortgage payments.
Can I get a loan to clear mortgage arrears if I have poor credit?
It may be possible. It depends on the lender, their criteria and their requirements. Your circumstances can be assessed, but there is no guarantee that a loan will be available. If a loan is not possible, there may be other options, and we can explore what those may be with you.
Does it cost anything to speak to you?
No. Talking to us and receiving advice and guidance from us is free of charge. If we were to provide a service, we would let you know in advance and tell you what the cost would be for that service.