Mortgage Arrears

Repossession of your Home

If you are facing the threat of Repossession of your Home by your Mortgage Lenders, contact Dar and Co Solicitors who specialise in helping you to save your Home.
Let our Specialist Legal team defend your corner at affordable Legal Costs and to help you save your Home.

Dar and Co have been helping clients for over 20 years and saved hundreds of clients from losing their homes.

We are a Firm of Solicitors regulated by the Solicitors Regulation Authority. We have extensive experience in dealing with Mortgage Lenders either before going to Court or even if the matter ultimately needs to be decided by a Judge at Court.

We can cover the following types of situations:-
1. If you have a change of Financial circumstances making it difficult for you to repay your mortgage, Dar & Co could help you by writing to your Mortgage Lenders for consideration of a change of repayment structure.

2. If you have fallen behind on your Mortgage payments and want Legal assistance and advice in writing to your Mortgage Lender to consider giving you time to repay the arrears then contact Dar and Co.

3. If your Mortgage Lender has commenced Possession Proceedings and you require Legal advice and Representation at the forthcoming Possession Hearing, Dar and Co Solicitors would be able to deal with all legal aspects from start to finish.

4. If you have been ordered by the Court to give Possession of your home to the Mortgage Lender and a date has been set for Eviction for the Court Bailiff to attend the property to evict you, we may be able to apply to the court to stay the warrant of Eviction and can provide the appropriate legal advice and representation at any subsequent Court Hearing.

In most cases we can agree a Fixed Fee with you for each stage of the process.

Stage 1 – Free
Free Initial Consultation (Up to15 Minutes)

Stage 2 – £200 +vat
Consideration of your case and papers, obtain from you a detailed financial statement, write to the Mortgage Lenders with your proposals and negotiate new mortgage arrears proposals or payment structure.

Stage 3 – £500 + vat (+ Travel expenses if over 5 miles from the office)
Represent you at court at the Possession Hearing and seek an order to suspend the Possession order and allow you time to repay the mortgage arrears.

Stage 4 – £500 + vat + court fee (+ Travel expenses if over 5 miles from the office)
If a possession order has already been made and a date for eviction has been set, Dar and Co can make an application to the Court to stay the Warrant of Eviction and represent you at the Court hearing.

Before a mortgage lender takes you to court for mortgage arrears, The Lender is expected to follow rules outlined in a ‘pre-action protocol’. The Lender’s court claim for repossession should be a last resort.

The risk of losing one’s home is so serious and can lead to Homelessness. It is mainly for this reason that if the Mortgage Lender takes you to Court to Repossess your home because of mortgage arrears, the court requires the parties to have explored every option before the matter coming to court.

The pre-action protocol for possession claims are a set of rules that the court will expect the Parties to have adhered to. If the rules are not followed, the court has the power to postpone the Hearing for Possession for none compliance.

If you are in Mortgage difficulties you may be able to take one of the following actions to stop your Lender from repossessing your home:-
1. Apply for Support For Mortgage Interest (SMI)
2. Check your Mortgage agreement and any connected financial agreements to see if there is any Mortgage Payment Protection Policy in place.
3. You can try and sell your property at slightly lower than the market price.
4. Make a complaint to the Financial Ombudsman Service if you consider the actions taken by the Lender to be wrong.
5. You may be able to apply to your Local Council for a Mortgage Rescue Scheme.
6. Consider applying for a Re- Mortgage to pay off the original Lender and take out a less onerous Mortgage.
7. Seek Specialist Legal help to consider alternative options. We at Dar & Co would be happy to discuss and advise you on all options available to you.

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