| Whenever you fail to keep up with the payments on | | | | asking that payments be brought up to date. A letter |
| a loan secured on your property, there is always the | | | | from the lender's solicitor may come through |
| risk that the lender will take legal action to evict you. | | | | threatening court action if the issue is not resolved. |
| The process has a number of stages and can last a | | | | The next stage would be to write to you advising |
| few weeks to a few months or longer. There is the | | | | that a court order for possession has been applied |
| possibility of stopping the process at any stage, so | | | | for. |
| never think that it's too late to bring your mortgage | | | | A Summons from the Court |
| payments up to date. Remember it's in mortgage | | | | The court will write to you telling you when a hearing |
| companies' interest to keep you in the property and | | | | is to take place. This is called a summons. When you |
| paying the mortgage off; they will only turn to | | | | hear from the court, if you have not already done |
| eviction as a last resort. The earlier you take action | | | | so, you should get advice immediately about what to |
| the more options you will have and the less you will | | | | do next. It is very important to reply to the court. |
| have to pay in legal costs. There are special rules | | | | Failing to reply can harm your case. You should find a |
| about the procedures that must be followed at each | | | | solicitor to represent you in court, as they can help |
| stage - if they are not, you may be able to stop or | | | | you prepare for the hearing and to develop a |
| delay the repossession. | | | | defence. |
| Reasons for Repossession | | | | The Hearing |
| There has to be a sound legal reason to repossess | | | | At the hearing, the judge will hear from you and the |
| your property. In most cases this will be that you | | | | lender and come to decision about what should |
| have not kept up with the mortgage payments. A | | | | happen next. Some of the options open to the judge |
| rarer case would be when a leaseholder would evict | | | | include: allowing you to stay in the property provided |
| a freeholder for not paying rent or service charges. | | | | you keep to certain conditions, such as repaying the |
| This is unusual, however. | | | | arrears in instalments; giving you time to sell your |
| The only other way in which you can be made to | | | | property to avoid repossession or deciding that you |
| leave your home is if the Housing Executive or | | | | should be evicted. |
| another public body makes a ' compulsory purchase | | | | The Court Order |
| order' to buy your home. This normally only happens | | | | If the judge decides that you have to leave your |
| if a major local development, such as a road widening | | | | home, the court order will set a date for you to |
| scheme, is planned. If you are in this situation you will | | | | leave. If you have not left by that date, your lender |
| be entitled to compensation. | | | | must apply to the Enforcement of Judgments Office |
| Notice from your Lender | | | | before you have to leave your home. |
| In the first instance, the lender would write to you | | | | |