House Repossession Advice Lawyers Glasgow & Edinburgh
If you are facing the threat of house repossession, Simplicity Legal can help. We understand how distressing this time may be for you and your family, but the sooner you get in contact with us, the more opportunity we have to assist you. Lenders must follow the correct procedure before repossessing your home, and it may be possible to stop this process at any stage.
Home Repossession Process in Scotland
If you do not keep up with your mortgage repayments or a loan secured against your home, your lender may be able to take legal action to repossess and sell your home. Repossession allows the lender to recover the money you owe to them, but they cannot simply throw you out. Your lender must follow the correct procedure outlined below.
After you miss a payment
When you have missed a mortgage or secured loan payment, your lender will typically send you a letter. They may ask you to bring payments up to date or to contact them to discuss your situation. Your lender must be sympathetic to your situation and take on board any suggestions for getting back up to date with payments. If you do not contact your lender, you may receive a second letter.
Where you receive two or more letters from your mortgage lender and you have not contacted them or reached an agreement which they find adequate, they may take the following action:
- Serve you a notice of default which asks you to pay any arrears
- Apply to the court under section 24 and serve you with a calling-up notice.
If your notice of default expires and you have not come to a satisfactory arrangement, your lender may then serve you with a calling-up notice. If your lender wants to repossess your property, they must serve a calling-up notice.
If your calling-up notice has expired, your lender may take you to court to begin the process of repossessing your home. However, before they can do this, they must have met the proper pre-action requirements.
- Your lender must provide you with clear information about the terms of your lending agreement
- Your lender must take reasonable steps to avoid repossession
- Your lender may not take you to court where you are taking reasonable steps to adhere to your lending agreement
- Your lender must provide you with information on how you can get advice on managing your debts.
Contact Simplicity Legal for House Repossession Advice in Glasgow, Shawlands, East Kilbride & Edinburgh
We understand this time may be challenging for you, so we offer a fixed-fee house repossession service.
For a free* consultation with our team of lawyers based in Glasgow, Shawlands, East Kilbride & Edinburgh, Scotland, call us today on 0141 433 2626 or complete our online enquiry form and we will get back to you as soon as possible.