England and Wales
Before taking repossession action, mortgage lenders must first consider requests to alter mortgage payments and respond to any offers of payment within 10 days, providing reasons for declining. They must also provide a reasonable amount of time for the mortgagor to consider any proposals they put forward. Lenders then need to give 15 days' written notice if they plan to take court action for repossession.
Once repossession action has started, the mortgagor has 14 days to return a defence form, setting out any arguments against repossession. The next step is the court hearing (which generally takes place in a judge's chambers), where a decision will be made on a type of repossession order - or to adjourn or set aside the case.
For more information, read Repossession.
Scotland
First, the mortgage lenders must send a notice of sums in arrears to the mortgagor (this is to inform the mortgagor that they have fallen into arrears). The mortgage lender must then send the mortgagor a default notice before taking repossession action - this notice requires the mortgagor to repay the arrears or make good the default. They must also provide a reasonable amount of time for the mortgagor to consider any proposals they put forward.
If the arrears have not been repaid or no repayment arrangement has been agreed upon, the mortgage lender can then issue the mortgagor with a calling-up notice, asking the mortgagor to pay the full amount under the mortgage agreement, and apply to the Sheriff Court for a Section 24 notice to repossess the property. Once you have received an initial writ, you should be given 14 days’ notice of the date for your case to be heard at the Sheriff Court.
Once repossession action has started, the mortgagor has 21 days to return a defence form, setting out any arguments against repossession. The next step is the court hearing, where a decision will be made on a type of repossession order - or to adjourn or set aside the case.
For more information, read Repossession.