At the time of a repossession hearing you can often expect a wait. Many home possession hearings are often dealt with by the courts on the same day with each case being allocated 5 minutes. This often runs over and as a result cases will be dealt with later than the scheduled time. This is not however an excuse to appear late, you are advised to turn up a minimum of 15 minutes before your hearing. Judges will not wait for cases, so if a borrower is not present at the relevant time, the possession order will be granted anyway. If you are required to attend a repossession hearing and are running late, you should telephone the court and inform them so if there is a valid reason the case can be rescheduled.
Documents to Bring to Court
When attending a repossession case in court you are advised to being any supporting documents which may assist your case. Depending on teh cirucmstances, these might include:
· Evidence of income and expenditure – pay slips, invoices, proof of benefits etc. This could result in the granting of a suspended possession order.
· Letters from a borrower’s solicitor to prove that a sale is in progress, estate agent’s details. In this situation the magistrate will provide the borrower time to sell.
· Proof of mortgage offer, evidence of re-mortgage application. Evidence provided will result in the courts giving you time to remortgage.
The Lender’s Solicitor
The solicitor or representative of the mortgage company or borrower will also be present at any court hearing. Before meeting with the judge they will meet you to discuss any possible way an agreement can be reached. Even at this stage many property repossessions are avoided.
The Hearing
Repossession hearings are generally informal affairs. They are often held in a small meeting room in a court. Whilst speaking to the judge, everybody remians seated and the the judge is addressed as Sir or Madam. Public entry is not permitted, only legal parties of the representatives are able to enter with the borrower and lender.
The judge will be provided with figures of the account on the particular repossession property. The lender’s representative will also provide any other documents to act as a support in the case for repossession. This may include a copy of the Mortgage Deed and copies of the details held by the Land Registry showing that the property is owned by the homeowner and has been mortgaged to the lender. The lender’s representative will also inform the judge if any agreement has been reached by the two parties involved.
The homeowner will then be given the opportunity to explain their side of the matter to the judge. You should remember that there are time constraints and some judges are also impatient. You should keep things concise and be prepared to explain what you intend to do. Borrowers should try to focus on:
· why they were unable to make their mortgage repayments.
· how they propose to clear the arrears or what they will do about them.
· documents or evidence which will show they will be able to carry out what they are proposing eg. evidence of a remortgage, evidence of being able to make payments.
Suspended Possession Orders
If the judge on the day decided on issuaing a suspended possession order, the borrower should take special care to make repayments and avoid an eviction. They should budget accordingly.
Adjournments
There are several reasons why a judge might adjourn a mortgage possession case:
· The lender has not provided the correct documents or there is a dispute about the level of the arrears. The judge might adjourn to a future date for the correct documents or a full statement of account to be provided.
· The lender has made a payment which either clears the arrears or reduces them to below the level entitling the lender to a possession order. The judge will “adjourn generally with liberty to restore” –this means that the lender can ask for another hearing if the arrears build up again.
· Occasionally if the arrears are low, or have already been significantly reduced by regular payments, the judge may say that the case will be adjourned for as long as payments continue. If payments are not maintained the lender can ask for another hearing.
· If it appears that the borrower may have a defence, (rare in mortgage cases,) the judge will adjourn so that both sides can produce more evidence.
The Borrower’s Day in Court
Surprisingly, the majority of borrowers do not go to court for their possession case.
The hearing is a borrower’s chance to convince a judge not to make a possession order. Most judges do not want to make people homeless and will do what they can to prevent the lender from repossessing. However, if the borrower is not there, the judge is likely to rely on what the lender says. Unless an agreement has been reached, a 28-day possession order is almost inevitable.
Related posts:
- Why Is A Home Repossessed and What Happens?
- Selling Or Remortgaging Your Home Before Repossession
- What Is Home Repossession?
- Stop Your Home Being Repossessed
- What Can Be Done After Your Home Has Been Repossessed?
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