Defence Form - Mortgaged Residential

This form has provision for detailing your income and expenditure and enables you to make a repayment proposal to sort out the arrears on your mortgage which has cause the reposession action to be taken.

If you receive a claim for reposession from the courts please post up the information on the claim form with details of arrears and previous communications with the mortgage lender as soon as possible.

First step would usually be to contact the lender and find out where they stand with regards to cancelling the reposession proceedings if you pay off the arrears or come to a payment arrangement prior to court.

The claim form will have a date for a court hearing on it.

We would advise you to attend the court hearing, even if you have replied to the claim form.

Some people may be intimidated by the idea of appearing before a judge - in reality it’s an opportunity for you to submit your payment proposal privately. There will only be the district judge and the solicitor for the landlord/lender present in the room with you.

If the district judge believes your offer is reasonable he or she might grant a suspended possession order. This means that you will be able to stay in your home providing you continue to pay the ongoing rent/mortgage plus the agreed amount towards your arrears.

If you don’t comply with the terms of the suspended possession order the lender can apply for an “Eviction Warrant” without further court action. Once an eviction warrant is in force the court bailiffs will set a date to visit your property and ensure that it has been vacated.