If no compromise can be reached between the homeowner and the lender regarding the mortgage arrears and a solicitor has been instructed to start court proceedings then the next step will involve the individual receiving a court summons letter.
From the date of first receiving the court summons you will have at the very least 21 days in which to put together your case before presenting it before the court. Along with the letter will come what is called a “defence form”, this is your chance to reply and give the court information such as the details of any proposal you made to the lender, your current situation when it comes to your finances and space for you to tell the court your reasons for defaulting on your mortgage repayments.
When the court date arrives then you will have chance to put forward your case in person. The lender will also have the chance to put theirs forward too and then the judge will make a decision. The judge has many choices here including:
* Ruling against you in which case an eviction order will be set
* Adjourning the case or striking it out of court
* Laying out certain conditions to allow you to repay the arrears and remain in your home
* Allow you to put your home up for sale to avoid repossession.
If the ruling goes against you and the judge declares that you must leave your house then you will be given a period of time in which to vacate the premises.