Going to court for repossession
This content applies to Scotland only.
Housing laws vary between Scotland and England. Get advice relating to England
If your lender has given you a calling-up notice and has complied with the pre-action requirements they then can apply to the sheriff court for an order to repossess and sell your home. Before the property can be sold, your lender will also require an order telling you that you have to move out.
If your lender is taking you to court to repossess your home, you must get specialist advice from Shelter's Advice Service, Citizens Advice, solicitor or law centre. It may not be too late to stop or delay the repossession process. Use the Advice Services Directory to find an agency near you.
The sheriff court
The sheriff court hears cases about repossessions, debts and small claims. This page contains more information about the power of the sheriff court and what you can expect if you have to go to court because your home is threatened with repossession.
Repossession court procedure
You may have to go to court if your mortgage lender is applying to the court for the right to repossess and sell your property. This page has information about what happens if you have to go to court.
The court's decision
You may be at court because your lender is applying for the right to repossess and sell your property. This page explains the decisions the sheriff can make in these situations.
If you weren't in court
If you didn't go to court and a repossession order was granted, you may be able to get the court's decision cancelled so that your case can be heard again.
