David Warnes (Repossession Expert) gives expert video advice on: Can I contest a repossession order?; Can I contest an eviction warrant?; Can a repossession be reversed? and more...
What is an N244 form?
An N244 is an important document that allows access back into the judge. By paying a typical cost of £35 you are allowed an emergency hearing at any given point of time on the county courts, even if you have an eviction notice. This provides access back into the judge by allowing you to turn down the eviction notice or squashed again.
My house is being repossessed at the end of April but I will be able to pay my arrears a month later. Can I stop court proceedings?
The best thing to do where you can prove you have payment after a circled eviction date is to ask for an N244 form, get a new hearing with the judge and the courts, explain your circumstances and the judge, depending on you circumstances will allow you a discretionary period of time to get these arrears paid off, even if that date is set for a period after the original eviction date. But you need a 244 form to get that hearing.
Can I contest a repossession order?
You can contest a repossession order. You need to use the 244 form to get an emergency hearing with the judge that has already heard the original case, or another judge within the same county courts. You can contest anything using this form, as long as you have enough evidence to back up what it is that you need to be changing about the original order.
Can I contest an eviction warrant?
You can contest an eviction warrant. You need to use the 244 form to get an emergency hearing with the judge or the county court and contest. You do need to take evidence with you as to the reasoning behind why you are contesting that particular order, be it a possession order, an eviction notice, or a suspended possession order.
Can a repossession be reversed?
A repossession can be reversed. However, this has to be done in a very short period of time after the repossession has been effected, typically a maximum of about seven days. We have had repossessions reversed after a period of two or three months, but that was when full payment on the mortgage was to be paid, and the mortgage itself before it has been sold to the general public.
Are there companies that will buy my house and rent it back to me to avoid repossession?
There are lots of companies available now that will buy back your property and rent it back to you. They all have various clauses and conditions within what they're trying to do. But they are mercenary companies, and typically will not pay anymore than 65 to 80 per cent of the value of your property. So depending on how fast you need to move, it's always much better to sell on every market on the day you need to sell. However, if you want to rent back your property this can be an option.
How does a buy-to-rent scheme work?
A buy-to-rent scheme is part of a government initiative whereby when you can not afford the full mortgage at the start, you therefore have a mortgage for a percentage of the mortgage and rent the other part. Typically this is a 50/50 arrangement with a housing association. You can then do something called stair casing which means you can gradually buy back the other parts of the house you do not own thereby increasing the mortgage while decreasing the rent.
If I sell my property to a company who rents it back to me, can I buy it back at any point?
All of the private companies that operate a "buy your property and rent back" scheme have completely different clauses within their paperwork. It is very important that you read through the documentation entirely, including the small print. Some can have you evicted at very short notice for non-payment of rent. And, some will allow you to buy back for a percentage of the new valuation. Each company is completely different and separate. If you need more advice on this side of things, then you need to approach either the companies that we've already mentioned, who frown upon this kind of activity. However, there are some good companies out there that operate a very effective system.
How quickly can a repossession be stopped?
A repossession can be stopped merely by paying the arrears off in full. For example, if you have four months arrears and you look into a judge and say, "there is the full months of arrears", then the eviction process can be stopped immediately. Typically, most people have borrowed from every source that they can. Therefore, arrears payment is generally scheduled over a period of time, typically one or two years. Generally, once the arrears have been cleared is when the eviction notice can be stopped.
Can I sell my home myself to avoid repossession?
You can sell your home at any given time to any willing party wishing to purchase that, be it a quick sale to a private company, or friends or family, or the wider public. This can be done at any given point even if the house has been repossessed and is going through the stages of being sold.
What rights do I have if I have been issued with a repossession order?
The rights that you have are much the same as you have before you've been formally evicted, in the fact that you are joint owner of that property. It's important to remember that the lender is an owner of that property as well as yourself, and you have exactly the same rights before being evicted as well as afterwards, as you are responsible for the mortgage and the payments thereof.