The basic court process - mortgages
Summons for possession
This is the first stage in the repossession process. A date and time is given for the hearing. The basic details of the lenders claim are given. The papers are issued by the court, and include a reply form which can be completed and returned to the court.
Shortly before the hearing, the defendant (borrower) will receive an affidavit (again sent by the court) in which the lender details the full particulars of their claim (amount outstanding, arrears, details of payments, interest rates etc.).
The hearing
Mortgage possession hearings in North Devon, tend to be held in private. This means the only people present are the judge, the defendant and the plaintiff’s solicitor. The hearing is taped and one of the following orders are made:
Adjournment
In most cases an adjournment will be for a 4 – 6 week period, with a new hearing set for the first available date after that time has lapsed. A judge will normally adjourn a case where one side (usually the defendant) is asking for information / time to negotiate with the other.
28 day possession order
This is the usual outcome where the defendant does not turn up at the hearing or submit any kind of proposal to the court. If vacant possession has not been given to the plaintiff at the end of the 28 days, then they can apply to the Court for a Bailiff’s warrant.
56 day possession order
Where the defendant has no long term proposal to look to the court, but is asking for more time, or is perhaps hoping to sell then the court has the discretion to extend the time. Although the most usual is 56 days (2 months), they are sometimes prepared to give up to 6 months. At the end of the specified period if the plaintiff is not given vacant possession then they can apply for a Bailiff’s Warrant.
Suspended possession order
This is the most common type of order made by the court at the hearing. Basically the defendant puts a proposal to the plaintiff/court to make certain payments on a regular basis. The court orders that as long as these payments are made no further action can be taken by the plaintiff. If the defendant misses even one of the agreed payments, then the plaintiff has the right to apply to the court for a Bailiff’s Warrant.
Bailiffs warrant/Warrant for possession/Eviction order
This is the stage at which someone could be forcibly removed from their home by the court bailiff. Defendants are usually given about 14 days notice of the appointment. The Bailiff will usually hand deliver the order, and if the defendant is in, advise them how to apply to the court to stop the warrant being executed. The only way to stop a warrant (unless the plaintiff withdraws it), is to clear the arrears (and in some cases the entire mortgage) in full, or apply to the court for a suspension.
Summons for possession
This is the first stage in the repossession process. A date and time is given for the hearing. The basic details of the lenders claim are given. The papers are issued by the court, and include a reply form which can be completed and returned to the court.
Shortly before the hearing, the defendant (borrower) will receive an affidavit (again sent by the court) in which the lender details the full particulars of their claim (amount outstanding, arrears, details of payments, interest rates etc.).
The hearing
Mortgage possession hearings in North Devon, tend to be held in private. This means the only people present are the judge, the defendant and the plaintiff’s solicitor. The hearing is taped and one of the following orders are made:
Adjournment
In most cases an adjournment will be for a 4 – 6 week period, with a new hearing set for the first available date after that time has lapsed. A judge will normally adjourn a case where one side (usually the defendant) is asking for information / time to negotiate with the other.
28 day possession order
This is the usual outcome where the defendant does not turn up at the hearing or submit any kind of proposal to the court. If vacant possession has not been given to the plaintiff at the end of the 28 days, then they can apply to the Court for a Bailiff’s warrant.
56 day possession order
Where the defendant has no long term proposal to look to the court, but is asking for more time, or is perhaps hoping to sell then the court has the discretion to extend the time. Although the most usual is 56 days (2 months), they are sometimes prepared to give up to 6 months. At the end of the specified period if the plaintiff is not given vacant possession then they can apply for a Bailiff’s Warrant.
Suspended possession order
This is the most common type of order made by the court at the hearing. Basically the defendant puts a proposal to the plaintiff/court to make certain payments on a regular basis. The court orders that as long as these payments are made no further action can be taken by the plaintiff. If the defendant misses even one of the agreed payments, then the plaintiff has the right to apply to the court for a Bailiff’s Warrant.
Bailiffs warrant/Warrant for possession/Eviction order
This is the stage at which someone could be forcibly removed from their home by the court bailiff. Defendants are usually given about 14 days notice of the appointment. The Bailiff will usually hand deliver the order, and if the defendant is in, advise them how to apply to the court to stop the warrant being executed. The only way to stop a warrant (unless the plaintiff withdraws it), is to clear the arrears (and in some cases the entire mortgage) in full, or apply to the court for a suspension.
