When a possession order is made and becomes enforceable, through failing to comply with court orders or conditions, or through a passage of time, the mortgage company or your lender is most likely to apply for a warrant of eviction. At this point there is really no turning back – the lender applies to the court and an eviction date is set.
How to stop an Eviction.
Applications can be made to the court if you cannot make agreement with the lender to suspend the warrant for an eviction. A fee is payable to court and is usually £35 to £40. You will need to fill in application form asking the court to postpone or cancel the eviction detailing why. This is lodged at the court and you will be informed of any hearing date if the court deems that your explanation is reasonable and with grounds.
How to stop Mortgage Possessions
Courts reconsidering an eviction will look at the applications in one of two ways:
A judge may supersede a possession by if you:
1. Ask more time to sell a property or sold the property or you are seeking to remortgage
2. You have negotiated a position to repay your lender
In either case you will need to satisfy the court with evidence of what is happening. Solicitors letters, lenders correspondence, or lump sum payments may help in your defense. When setting out repayment schedules with a lender, they will ask for past history and why you can pay now and not before the eviction of possession order decisions. In many cases you may make a number of these applications in your defence of an eviction, but a court judge will become increasingly skeptical of your actions and enforce an eviction.
If you are about to be repossessed, it is possible to have a hearing on the day of eviction. In such cases the eviction is postponed pending the hearing. But this can only happen if you have a strong enough reason – that is the property has been sold. The application for the suspension of a possession order needs to be in court before the actual time of repossession.
The Property Buyers can help you stop an eviction by paying off your remaining mortgage therefore allowing you to rest at ease once again. If your have enough equity in your property to release then the fear of an imminent eviction need not be a worry.
Contact us now on 0800 0122334 to find out how we can help you sell your property fast and pay off your debts.