Your mortgage lender should always be keen to help you talk through the options available to you so as to help you avoid losing your home even before it gets to this stage. But there are still things which you can do if a court hearing date has been set.
Before your mortgage lender takes you to court they have to show that they have:
- considered any request from you to change the way you pay your mortgage, and
- responded to any offers of payment you make.
It’s important that you don’t bury your head in the sand and ignore any paperwork which you are sent – it’s never too late to seek advice from the many free debt agencies out there to help you get back on track.
Even if your mortgage lender starts court proceedings, it doesn’t mean that you will automatically lose your home. The mortgage lender must continue to look for ways for you to pay your mortgage, so you should carry on talking to them and paying as much as you can.
Preparing for Court
If you are asked to go to court, a free debt adviser will be able to help you. They can help prepare your case and may be able to represent you. The main things which you need to sort for court preparation are:
- Make sure that you actually go to the court hearing. If you don’t its very likely that your lender will be given the right to evict you.
- Work out your budget before you go to court. The judge will want to know how much you can afford to repay.
- Ask you to see a duty officer if you don’t have a debt adviser or solicitor with you. They can help you with your case and may be able to represent you. Their service is free.
- Make sure you understand the consequences of any repayment arrangement offers from your mortgage lender outside of the courtroom before you agree to them.
- Only agree to a repayment plan if you believe you can keep to it over the rest of the term of the mortgage.