Repossession And Court
Can my home be repossessed without going to court?
Your home cannot be repossessed without going to court. However, it can be repossessed if you have not appeared in court. If you repeatedly miss the court appearances, either by not actually understanding that there was a court appearance or by not being in the country or missing the letters that have hit your doorstep to go to court. However, as long as the lender has been to court and has gone through the due process, a lender can repossess a property with the court's permission, as long as they've gone through due process.
Do I have to be present at a repossession court hearing?
You don't have to be present at a repossession hearing. However, if your home is valuable to you and important to you, it'd be vitally important that you do actually attend. The process will continue, whether you attend or don't attend, so it's much better for you to attend and put forward your own certain circumstances and sets of circumstances and, more importantly, come up with an alternative payment schedule with the judge that is affordable to yourself. It's much better for you to attend, but you don't have to attend.
What do I have to prepare for a repossession court hearing?
What you need to prepare for a repossession hearing is the N11 M form fully filled up before you go there. This form is to prove that you can actually afford to have your mortgage in the first place and allows the judge to come up with the conclusion that you don't need to be repossessed. Any other advice that you can take before you go there is good preparedness. And if you can, seek help from a qualified mortgage broker to put forward your case. That would be very helpful as well.
Do I need a lawyer to attend court with me?
You don't need a lawyer to attend court. 99 percent of people that we help and when we go to court with clients, there is very, very rarely a lawyer or solicitor present for the, as the whole point is if they could afford to have a solicitor or a lawyer they would have paid some of the arears off and not been in court in the first place, so generally the answer to that is no, but that's more because they cannot afford to have one.
What can I present as my defence in court to stop my home from being repossessed?
The best thing to present to the judge is how you're going to be able to keep up your commitment going forward. Now this can be done in the form of various items. A work contract would be good as proof of income, and any other forms of income that are available to the house to prove that the judge doesn't have to repossess because the mortgage can be afforded going forward.
Who will be at the repossession hearing?
The lender's advocate will be at the hearing. That's typically the solicitor acting on behalf of the lender, whose sole mission in life is to seek possession of the property. The judge is there to intervene between you and the lender's solicitor to make sure that you have a fair hearing, and that you are not being bulldozed into giving up your home just because they're asking for it.
What will happen in court on the day of the repossession court hearing?
The usher will call you through into the chambers; it's not a courtroom. That literally means there's just a judge and a solicitor, so usually, just three or four people in a small room. You can talk to the judge and the other side's solicitors directly. Very often, it's helpful if you speak to the solicitor formally before you go into your hearing and see if you can come up with some kind of alternate arrangement, where by you can sit in front of the judge, and say, we've already come to an agreement.
How long will the repossession hearing last?
The hearings typically last between five and fifteen minutes. This timing allows to hear both sides of the case, and some cases are very quick as you have already been in there before. It's literally to ratify what's already been said or agreed between you and the lender. These hearings can last up to a maximum of about 15 minutes as the judge has a huge schedule in this day and there are lots of hearings that he needs to get approved.
Will I have to pay court costs?
You will have to pay court costs or any other costs incurred by the lender. However, you do not have to pay these on the day as they are all added to your mortgage account. Although it doesn't feel like you are paying it, it is paid at some point later in the mortgage account.
Will I have to pay my lenders court costs as well as my own?
You will have to pay all lenders court costs, however, as the whole point of you being in a repossession hearing is that you're limited financially. The cost will either be added to your mortgage account and paid for sometime in the future.
Can I get legal aid to help me pay my court costs?
Typically legal aid has not been available for court costs at legal hearings as it's something that you've incurred yourself. You deliberately, or not wanting to, but not been able to keep your mortgage commitment, so it's not typically available for legal aid.
Is there a risk I will be sent to prison?
There is no such as thing as debtor's prison. You could not be sent to prison for a form of debt, however, what could happen is if you've committed some form of fraud to achieve the mortgage in the first place then you could effectively be sentenced for a fraud hearing after the repossession has be effected.
Will I get a criminal record?
You will not. You will not receive a criminal record; as having a debt, or the failure to pay a debt, is not a criminal offense.
