Mortgage Repossession

We advise on the different ways to stop a property from being repossessed

We advise on the different ways to stop a property from being repossessed

We are currently only able to assist clients in relation to their mortgage repossession matter once legal proceedings have started. This is obviously not ideal as clients would hopefully have dealt with matters prior to legal proceedings starting however the most important thing to remember is it is NEVER too late to ask for advice and assistance.

If a claim has been issued

If a claim form has been issued by the Court, obtain advice immediately, our telephone number 020 8938 4611 to book an appointment. There are a number of options available which can be considered and there are tactical approaches which can be used to try and stop a Possession Order.

When clients approach us after the Claim has been issued but prior to hearing, we do in most cases negotiate an affordable resolution to the problem and either the hearing is not needed or the hearing is only used to confirm the agreement we have already reached. This saves our client a lot of money for representation at the hearing and the stress involved in attending the hearing and of what the outcome of the hearing will be.

Possession Hearings

If it is too late to obtain advice prior to a possession hearing, there should be a duty solicitor at the County Court who can provide advice. Clients are always in a better position if they obtain advice prior to that stage. It is also essential to remember that however scared clients may be about potentially losing their homes, they should attend hearings as judges will be sympathetic in most cases and can adjourn proceedings in order for clients to obtain advice and assistance. If clients do not obtain advice and do not attend the hearing, then the judge cannot assist them fully as he/she does not know the reason why the mortgage has not been paid.

 

If a Possession Order has already been obtained by the mortgage lender

Even if a Possession Order has already been obtained by the mortgage lender it is still not too late to obtain advice and assistance. An application can be made to the Court to try and stop the warrant being executed and we have years of experience in dealing with matters at this late stage.

Homes can be saved.

Frequently Asked Questions

Can I get Legal Aid to help with my case?

Legal Aid is available for housing matters such as mortgage repossession cases but it depends on the value of your home, equity in your property and your income and so is means tested. We do charge a fee for our services but at a low rate as clearly clients cannot afford a high solicitors bill for matters where they cannot afford to pay their mortgage.

What do I need to bring to a meeting?

We will need you to bring photographic identification such as a valid driving licence or passport, a utility bill with your name and address dated within 3 months of the meeting and proof of your income for example a payslip or bank statement showing income being paid into your account.

You should also bring a copy of any Court papers you have received such as the Claim Form or if this is not the first time your mortgage lender has made an application to Court then ideally a copy of the previous papers in relation to possession of your property.

You should also bring with you a list of your income with proof such as payslips, benefit letters and bank account statements showing all of your income being paid into your account(s) and a list of your expenditure with proof, so for each utility bills, a copy of the bills, a copy of your Council Tax letter, receipts if you have them from your shopping and such alike

If there is no way of saving my house, would M2M advise me of this?

We believe in providing the advice as we see it. If there is no chance of saving your home, we would inform you of that as we would not raise costs for you unnecessarily. The solicitors at M2M have told only two people in the last 15 years that they have been unable to save their property as in all the other hundreds of cases, we have been able to come to agreements or be successful at hearings when clients were honest with us about their circumstances.

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